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Cardiff and Lee – Request for a warrant of possession

You will be aware of the recent Court of Appeal decision in Cardiff and Lee (Flowers) Cardiff County Council v Lee (Flowers) in respect of issue of a warrant of possession following a suspended order of possession made on terms. The Court of Appeal indicated that the Civil Procedure Rule Committee should consider the wording on form N325. Having considered at the November and December meetings the issues raised by the judgment the Rule Committee will be consulting in the new year on the current rules and the safeguards available to tenants and occupiers.

In the interim HMCTS are introducing a work around. Where a possession order is made and suspended on payment of monies in respect of rent or mortgage, and the terms are breached, the claimant must make their request for issue of a warrant on new Form N325A. For reissue of a warrant Form N445 (as amended) must be used.

The advantage is that you no longer need to submit a separate permission application and fee – so long as the correct documentation accompanies the new form the Judge will consider whether there is evidence of breach before passing the warrant request on to the bailiff for processing. This should assist both in saving the cost of an additional court fee and unnecessary delays caused as a result of having to request permission in the first instance.

In both instances a statement of the payments due and those made must be attached to the N325A or N445. The request will be considered by the District Judge and if it is determined that the warrant can be issued, an order will be drawn and the warrant issued. If the case is proceeding using PCOL the warrant will be issued through that facility. The usual fees for issue or re-issue of the warrant are payable. This  does mean that requests cannot be made through PCOL, but must be made on paper to the appropriate County Court hearing centre.

For requests for issue of a warrant where an immediate order has been made the existing process using N325 should be followed.

The forms can be found here.