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Repossession Orders: Chelmsford

Volume 486: debated on Thursday 22 January 2009

To ask the Secretary of State for Justice how many court orders have been issued for the repossession of homes in West Chelmsford constituency in each of the last five years. (249978)

Although figures for the West Chelmsford constituency are not available, the following tables show the number of mortgage and landlord possession orders made in Chelmsford county court from 2003 onwards.

The civil procedure rules state that all claims for the repossession of land must be commenced in the district in which the land is situated. However, Chelmsford county court covers areas other than West Chelmsford and therefore not all possession actions at this court will relate to this constituency.

Court level statistics on mortgage and landlord repossession actions from 1987 to 2007 are available on the Ministry of Justice website at:

http://www.justice.gov.uk/publications/mortgatelandlordpossession.htm

These figures do not indicate how many homes have actually been repossessed. Repossessions can occur without a court order being made, while not all court orders result in repossession.

Table 1: Mortgage1 possession orders made4,5 in the Chelmsford county court, 2003-08*

2003

2004

2005

2006

2007

2008 (January-September)

Chelmsford

175

226

355

381

383

381

HMCS South East Region

8,201

10,050

15,220

17,693

17,870

16,169

Table 2: Landlord2 possession orders made3,4,5 in the Chelmsford county court, 2003-08*

2003

2004

2005

2006

2007

2008 (January-September)

Chelmsford

347

337

266

313

332

274

HMCS South East Region

20,336

19,834

19,157

18,093

19,177

16,044

1 Mortgage possession data include all types of lenders whether local authority or private.

2 Landlord possession data include all types of landlord whether social or private.

3 Includes orders made through both standard and accelerated procedures. Landlord actions via the accelerated procedure enables the orders to be made solely on the basis of written evidence and shorthold tenancies, when the fixed period of tenancy has come to an end.

4 Includes outright and suspended orders, the later being where the court grants the claimant possession but suspends the operation of the order. Provided the defendant complies with the terms of suspension, which usually require the defendant to pay the current mortgage or rent instalments plus some of the accrued arrears, the possession order cannot be enforced.

5 The court, following a judicial hearing, may grant an order for possession immediately. This entitles the claimant to apply for a warrant to have the defendant evicted. However, even where a warrant for possession is issued, the parties can still negotiate a compromise to prevent eviction.

* Figures for 2008 are provisional

Source:

Ministry of Justice