England and Wales · Civil enforcement
When does a County Court trespasser possession warrant require permission?
CPR 83.26(11) prevents issue of a warrant of possession against a trespasser after three months from the order date without court permission.
- Period
- Permission required after expiry of three months from the order
- Trigger
- Actual date of the possession order
- Rule
- CPR 83.26(2), (4), (10)–(12)
Official Justice UK CPR text and legislation.gov.uk statutory XML retained on October 9, 2026. The retained source metadata and acquisition receipts identify each edition. No claim of later amendments or actual local court opening is made.
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When does a County Court trespasser possession warrant require permission?
CPR 83.26(11) prevents issue of a warrant of possession against a trespasser after three months from the order date without court permission.
Responsible actor. The creditor applying for a County Court warrant of possession against a trespasser.
Actual date of the possession order.
The warrant is the County Court instrument. Paragraph (10) permits issue after the date possession is ordered to be given, while paragraph (11) imposes the later three-month permission condition.
The warrant is the County Court instrument. Paragraph (10) permits issue after the date possession is ordered to be given, while paragraph (11) imposes the later three-month permission condition.
CPR 83.26(2), (4), (10)–(12)How does this provision count time?
- Retain the order date and identify the three-calendar-month boundary. Also retain the date possession was ordered to be given; that separate fact controls the initial issue gate in paragraph (10).
- A calculation of three months does not establish that the relevant County Court office can issue the warrant on that date. Closed final-day issue branches require separate review.
Retain the order date and identify the three-calendar-month boundary. Also retain the date possession was ordered to be given; that separate fact controls the initial issue gate in paragraph (10).
A calculation of three months does not establish that the relevant County Court office can issue the warrant on that date. Closed final-day issue branches require separate review.
CPR 83.26(2), (4), (10)–(12)What do independently checked examples show?
Fictitious example
The creditor applying for a County Court warrant of possession against a trespasser. The established event is Thursday, October 8, 2026. Use 3 calendar months, excluding the event date and reaching the corresponding calendar boundary. The endpoint is Friday, January 8, 2027. It identifies the stated boundary rather than a guaranteed successful filing or permission grant. Additional fictitious established facts. Possession ordered to be given. Friday, October 16, 2026. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The creditor applying for a County Court warrant of possession against a trespasser. The established event is Thursday, October 8, 2026. Use 3 calendar months, excluding the event date and reaching the corresponding calendar boundary. The endpoint is Friday, January 8, 2027. It identifies the stated boundary rather than a guaranteed successful filing or permission grant. Additional fictitious established facts. Possession ordered to be given. Friday, October 16, 2026. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. The established event is Thursday, October 8, 2026. Use 3 calendar months, excluding the event date and reaching the corresponding calendar boundary. The endpoint is Friday, January 8, 2027. It identifies the stated boundary rather than a guaranteed successful filing or permission grant. | Friday, January 8, 2027 |
| Example 2. Closed-day boundary | The ordinary three-month boundary is Saturday January9,2027. Whether CPR2.8(5) affects an actual issue act on the next opening requires separate review. Additional fictitious established facts. Possession ordered to be given. Friday, October 16, 2026. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. The fixed three-month period remains preserved. The qualified ordinary model refuses the closed endpoint instead of deciding the unresolved court-issue interaction. | Closed final-day issue and three-month permission interaction require separate legal review. |
| Example 3. Material procedural branch | The creditor applying for a County Court warrant of possession against a trespasser. Possession was ordered to be given after the ordinary three-month boundary. The initial issue gate and later permission requirement require separate review. Additional fictitious established facts. Possession ordered to be given. Monday, February 15, 2027. Fictitious individually specified facts. The listed context makes the actual branch, actors, event history and completion facts explicit. Additional dates below are stated hypothetical facts rather than inferred client records. Possession was ordered to be given after the ordinary three-month boundary. The initial issue gate and later permission requirement require separate review. | The initial issue gate and later permission requirement require separate review. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Identified actor and operative event
- The warrant is the County Court instrument. Paragraph (10) permits issue after the date possession is ordered to be given, while paragraph (11) imposes the later three-month permission condition.
- Provision-specific counting and closure
- Retain the order date and identify the three-calendar-month boundary. Also retain the date possession was ordered to be given; that separate fact controls the initial issue gate in paragraph (10). A calculation of three months does not establish that the relevant County Court office can issue the warrant on that date. Closed final-day issue branches require separate review.
- Required completion and separate procedural route
- Apply to the hearing centre identified by paragraph (2). The nonvacation and any payment certificates under paragraphs (4) and (7) remain necessary where applicable.
- The warrant is the County Court instrument. Paragraph (10) permits issue after the date possession is ordered to be given, while paragraph (11) imposes the later three-month permission condition.
- The High Court uses a writ under CPR 83.13. A shared three-month period does not establish that the same application destination or instrument has been selected.
What must the responsible actor complete?
Questions about this procedure
When does a County Court trespasser possession warrant require permission?
Can a trespasser warrant be issued before possession is ordered to be given?
Paragraph (10) permits issue at any time after the date on which possession is ordered to be given. Retain that date separately from the order date.
CPR 83.26(10)Which event starts the County Court three-month permission period?
Paragraph (11) uses the date of the order. Do not replace it with the date an application is drafted or a warrant is requested.
CPR 83.26(11)Does the High Court writ provision govern this County Court warrant?
The instruments have separate provisions. Rule 83.26(11) is the warrant rule, while rule 83.13(3) concerns the High Court writ.
CPR 83.26(11); 83.13(3)Where is the ordinary warrant application made?
Paragraph (2) identifies the hearing centre that made the judgment or order, or the centre to which the proceedings have since been transferred.
CPR 83.26(2)Does the warrant application require a nonvacation certificate?
Paragraph (4) requires the applicant to certify that the land subject to the judgment or order has not been vacated, without prejudice to the separate paragraph (7) requirements.
CPR 83.26(4), (7)May permission under the three-month warrant rule be requested without notice?
Paragraph (12) permits an application without notice unless the court directs otherwise. An actual contrary direction must be retained.
CPR 83.26(12)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| CPR 83.26(2), (4), (10)–(12) | Check the identified procedure, event, counting rule or qualification |
| CPR 2.8(2)–(5) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.26(10) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.26(11) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.13(3) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.26(2) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.26(4), (7) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.26(12) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.26(11); 83.13(3) | Check the identified procedure, event, counting rule or qualification |