New court form for residential tenant evictions
The Civil Procedure Rule Committee subcommittee on court forms has announced a new form for the issue of a writ of possession against occupiers other than trespassers.
This would include former tenants and mortgagees.
The new form, PF92, gives permission to enforce a judgment or order for the giving of possession of land (and property) in the County Court.
As an aside, while the practice note calls this form the PF52, we believe the form reference to be PF92.
This comes in light of some recent court decisions where some Judges have stated that the form used previously, form N293A, can only be used against trespassers.
Whilst this established procedure had been used for many years and was accepted by Judges and the Courts alike, it was not what form N239A was intended for.
The new form PF92, which is due to be launched in April 2016, clarifies the process and will no doubt be welcomed by the High Court enforcement industry as a whole.
Form N293A will also be redrafted to emphasis the restriction of the use of the form to requests for writs of control and writs of possession against trespassers only.
The Senior Master also stipulated that applications to transfer from the County Court to the High Court for enforcement by an HCEO must be made under Section 42 of the County Court Act 1984 and not Section 41 of the same act as used by some smaller HCEOs.
As soon as the new form is launched we shall write a further article giving guidance on its completion and make it available on our website for download.