In the recent case of Cardiff County Court v Lee (Flowers) the Court of Appeal ruled that landlords must seek permission from the court before being able to apply for a warrant of eviction if a suspended possession order is breached.
The appellant had secured a suspended possession order against a tenant for ongoing anti-social behaviour. When the tenant was found to have breached the terms of the order, the appellant issued the N325 form in order to issue a warrant through the court. The tenant appealed, suggesting that further permission should have been sought from the courts before eviction proceedings could commence. This argument was later upheld by the Court of Appeal, which prompted legitimate concern for social landlords, as courts grant suspended possession orders rather frequently.
For some time, landlords have simply applied to the courts using the standard N325 form to issue a warrant of possession when a tenant is found to have breached the terms of the suspended possession order. In the seminal decision of Cardiff County Court v Lee, Arden LJ made clear that this is the wrong procedure and that permission from the court must be granted before a warrant can be issued. She held:
“I reiterate that CPR 83.2 constitutes an important protection for tenants. It is not to be taken lightly. Social landlords must ensure that from now on their systems are such that the same mistake will not be made in future”.
The added step of applying for permission would have considerable consequences, as it would create additional costs for landlords making an application. Moreover, in situations where rent arrears are the cause of the claim, the delays risk larger arrears accruing.
Therefore, while the position of the court seems firm, there is a collective feeling of uncertainty among landlords. The ground-breaking decision seeks to clarify the requisite steps to
take and subsequent permission which must be sought. In the case where no application is issued to the court before the warrant is executed, landlords may find themselves subject to a claim for unlawful eviction. It remains unclear whether judges will adopt a rigorous approach when it comes to the permission stage and interpreting this new law.
Essentially, the judgment recognises the need to protect tenants from unscrupulous landlords who might otherwise attempt to execute a warrant of eviction without good reason. However, it will remain to be seen how judges will consider and approach the permission procedure.
Burke Niazi is able to advise in all landlord and tenant matters, so please contact us to discuss how we can assist you.