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Following orders

The 53rd CPR update tightens the rules on possession orders, giving more power to the courts and a warning to mortgagees

11 October 2010

The 53rd update to the Civil Procedure Rules 1998 introduces changes in a large number of areas, some more relevant than others. Almost all amendments came into force on 1 October 2010.

Perhaps the most significant amendment, addressing as it does the not infrequent problem of mortgage possession proceedings and unauthorised tenants, and in respect of which the court – until now – has had little or no power, relates to part 55 possession claims and CCR order 26 warrants of execution, delivery and possession. It gives effect to the Mortgage Repossessions (Protection of Tenants etc) Act 2010 (an Act whose aim is to protect unauthorised tenants) and the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 – both of which also came into effect on 1 October.

Where a mortgagee under a mortgage of land which consists of or includes a dwelling house has obtained an order for possession of the mortgaged property, the order may be executed only if...

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