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Our response to proposals to align enforcement of possession orders

We welcome the Civil Procedure Rule Committee’s proposals to align the procedures that apply in the County Court and High Court in enforcing possession orders.

However, we recommend there should remain a requirement to seek judicial permission for enforcement of possession orders through the High Court.

It is important to ensure the proper protections for both landlords and people in debt and that these reach the right balance in terms of ensuring faith in the justice system by both parties. Recent Government policy has highlighted the importance of supporting people in financial difficulties to address and resolve their debt problems.

Our response reflects the increasing recognition in recent Government policy that evictions and homelessness should be a last resort for people who, because of a change in circumstances, simply cannot keep up with an essential cost such as rent or mortgage payment. 

The emphasis should be on providing them with an opportunity to stabilise their finances and, if the situation is appropriate, to be allowed time to repay their debts without fear of enforcement action or losing their home.

Download our response