PRACTICE DIRECTION 83 – WRITS AND WARRANTS – GENERAL PROVISIONS
This Practice Direction supplements Part 83
Contents of this Practice Direction
Section I – Scope and interpretation
Scope – Rule 83.1
1 In relation to writs and warrants that relate to taking control of goods, Part 83 should be read in
conjunction with –
(1) Part 84, which contains rules specifically in relation to taking control of goods; and
(2) the Taking Control of Goods Regulations 2013, which can be found at www.legislation.gov.uk
Section II – Writs and warrants
Writs and warrants other than those conferring a power to use the TCG procedure – duration and priority – Rule 83.3
2 The notice required by rule 83.3(7)(b) should be in Form 71.
Notice of eviction and further notice of eviction – Rule 83.8A
2A The notice of eviction required by rule 83.8A must be in Form N54, and any further notice of eviction or further notices of eviction required by that rule must be in Form N54A.
Section III – Writs
Forms of writs
3.1 A writ of control must be in Forms 53 to 57 as appropriate.
3.2 A writ of delivery must be in Form 64 or 65, whichever is appropriate.
3.3 A writ of possession must be in Form 66 or 66A, whichever is appropriate.
Writs other than those conferring a power to use the TCG procedure – order for sale otherwise than by auction – Rule 83.12
4.1 Rule 83.12 only applies in relation to writs that do not confer a power to use the procedure in Schedule 12. The rule therefore applies in relation to the following writs –
(a) writs of delivery where there is no element of taking control of goods; and
(b) ecclesiastical writs.
4.2 Schedule 7 of the Courts Act 2003 applies in relation to such writs. Paragraph 10(3) of that Schedule provides that if the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by these Rules has been given to the other execution creditor or creditors.
Applications for and orders for writ of possession or for writ of possession and control – Rule 83.13
5.1 An application for a writ of possession or for a combined writ of possession and control in relation to a judgment or order of the County Court for possession which has been transferred (by order or by a certificate under Rules 40.14A and 83.19) to the High Court for enforcement and which does not require the permission of the court should be in Form PF92, which must be filed together with the documents referred to in that form, namely—
(a) as applicable—
(i) the Judgment or Order of the County Court for possession; and
(ii) the Order or Certificate of the County Court for the transfer of the enforcement proceedings to the High Court; and
(b) a draft of the writ sought to be issued.
5.2 An Order for the grant of permission for and the issue of a writ of possession or a combined writ of possession and control in relation to a judgment or order of the County Court for giving possession of land in a claim against trespassers where the application is made more than 3 months after the date of the judgment or order should be in Form MO92B, and a completed draft of which form should accompany the application notice seeking permission.
5.3 An Order for the grant of permission for and the issue of a writ of possession in order to enforce a notice under section 33D of the Immigration Act 2014 should be in Form MO92C, and a completed draft of which form should accompany the application notice seeking permission.
Section IV – Warrants
Application for warrant of control – Rule 83.15
6 The request for a warrant of control should be in Form N323.