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20 June 2014
Issue: 7611 / Categories: Case law , Judicial line , In Court
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Possession upstairs

Why should claimants with land possession orders in their favour not be entitled to enforce more speedily through the High Court if they are prepared to bear the extra expense this may involve? District judges frequently refuse applications to transfer up for this purpose

Claimant landlords are entitled to apply. It is good practice to make the application on notice and support it with written evidence but it can still be made orally at the possession hearing. A direction might be given on granting such an application that the defendant tenant should receive a minimum period of notice of an eviction appointment.  

 

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