England and Wales · Civil enforcement
When does a High Court trespasser possession writ require permission?
CPR 83.13(3) prevents issue of a writ 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 83.13(2)–(6)
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 High Court trespasser possession writ require permission?
CPR 83.13(3) prevents issue of a writ of possession against a trespasser after three months from the order date without court permission.
Responsible actor. The person applying for a High Court writ of possession against a trespasser.
Actual date of the possession order.
This is the High Court writ branch. It regulates issue after the three-month period, not the time for physically executing an already issued writ.
This is the High Court writ branch. It regulates issue after the three-month period, not the time for physically executing an already issued writ.
CPR 83.13(2)–(6)How does this provision count time?
- Use the order date and three calendar months, not ninety days. Identify the ordinary three-month boundary and label the later issue-permission consequence separately.
- The threshold cannot be treated as automatic possession authority merely because a court office is closed. A closed final-day issue scenario needs its actual court-act rules established.
Use the order date and three calendar months, not ninety days. Identify the ordinary three-month boundary and label the later issue-permission consequence separately.
The threshold cannot be treated as automatic possession authority merely because a court office is closed. A closed final-day issue scenario needs its actual court-act rules established.
CPR 83.13(2)–(6)What do independently checked examples show?
Fictitious example
The person applying for a High Court writ 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. 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 person applying for a High Court writ 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. 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. 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 person applying for a High Court writ of possession against a trespasser. The proposed writ enforces an Immigration Act 2014 section 33D notice. The separate permission requirement applies regardless of this trespasser boundary. Additional fictitious established facts. 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 proposed writ enforces an Immigration Act 2014 section 33D notice. The separate permission requirement applies regardless of this trespasser boundary. | The separate permission requirement applies regardless of this trespasser boundary. |
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
- This is the High Court writ branch. It regulates issue after the three-month period, not the time for physically executing an already issued writ.
- Provision-specific counting and closure
- Use the order date and three calendar months, not ninety days. Identify the ordinary three-month boundary and label the later issue-permission consequence separately. The threshold cannot be treated as automatic possession authority merely because a court office is closed. A closed final-day issue scenario needs its actual court-act rules established.
- Required completion and separate procedural route
- Paragraph (2) independently requires permission for the specified Immigration Act notice route. Paragraph (6) requires the applicant’s certificate that the land has not been vacated.
- This is the High Court writ branch. It regulates issue after the three-month period, not the time for physically executing an already issued writ.
- The County Court counterpart is a warrant under CPR 83.26(11). The similar period does not make the court, instrument or required application records interchangeable.
What must the responsible actor complete?
Questions about this procedure
When does a High Court trespasser possession writ require permission?
Is the three-month writ rule the County Court warrant rule?
No. CPR 83.13 concerns High Court writs. CPR 83.26(11) separately addresses the County Court warrant against a trespasser.
CPR 83.13(3); 83.26(11)Does the three-month provision require execution by the anniversary?
It restricts issue after the period without permission. Do not substitute the later physical execution date for that issue event.
CPR 83.13(3)Are three months the same as ninety days for a trespasser writ?
No. The provision specifies months. CPR 2.10 treats month as calendar month in the specified documents. A fixed ninety-day substitute can change the boundary.
CPR 83.13(3); 2.10May permission for late writ issue be sought without notice?
Paragraph (4) permits that unless the court directs otherwise. Preserve any actual direction requiring notice.
CPR 83.13(4)Can another permission condition apply even inside three months?
Yes. Paragraph (2) requires permission for a writ enforcing the specified Immigration Act 2014 notice, irrespective of this trespasser timing condition.
CPR 83.13(2)–(3)What possession certificate accompanies the writ application?
Paragraph (6) requires a certificate that the land subject to the judgment or order has not been vacated. Timing alone does not supply that fact.
CPR 83.13(6)Official sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| CPR 83.13(2)–(6) | Check the identified procedure, event, counting rule or qualification |
| CPR 2.8(2)–(5) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.13(3) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.26(11) | Check the identified procedure, event, counting rule or qualification |
| CPR 2.10 | Check the identified procedure, event, counting rule or qualification |
| CPR 83.13(4) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.13(2)–(3) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.13(6) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.13(3); 83.26(11) | Check the identified procedure, event, counting rule or qualification |
| CPR 83.13(3); 2.10 | Check the identified procedure, event, counting rule or qualification |