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Repossession Orders

Volume 488: debated on Wednesday 25 February 2009

To ask the Secretary of State for Justice how many court orders for home repossession have been issued in Eastbourne constituency in each month of the last two years. (257083)

Figures for Eastbourne parliamentary constituency are not available. However, the following table shows the number of mortgage and landlord possession actions in Eastbourne county court.

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, Eastbourne county court may cover areas other than the Eastbourne constituency. Therefore not all possession actions at this court necessarily relate to Eastbourne constituency.

Court level statistics on mortgage and landlord repossession actions from 1987 to 2008 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.

Number of mortgage1 and landlord2, 3 possession actions in Eastbourne county court by each month, 2007 to 20084

Mortgage possession

Landlord possession

Eastbourne

HMCS South East

Eastbourne

HMCS South East

Claims issued

Orders made5, 6, 7

Claims issued

Orders made5, 6, 7

Claims issued

Orders made5, 6, 7

Claims issued

Orders made5, 6, 7

January 2007

32

2,267

1,840

36

2,273

2,056

February 2007

25

2,037

1,305

31

2,187

1,344

March 2007

43

2,254

1,505

31

2,138

1,607

April 2007

21

1,851

1,411

16

1,806

1,406

May 2007

53

2,297

1,396

50

2,182

1,399

June 2007

31

2,211

1,530

45

2,287

1,545

July 2007

33

2,399

1,522

32

2,199

1,585

August 2007

40

2,174

1,457

37

2,416

1,596

September 2007

20

1,898

1,479

23

2,055

1,642

October 2007

25

2,193

1,747

35

2,447

1,795

November 2007

36

2,308

1,507

39

2,340

1,789

December 2007

17

1,816

1,170

20

1,760

1,421

January 2008

33

2,551

1,837

41

2,616

1,973

February 2008

49

2,617

1,575

38

2,432

1,678

March 2008

25

2,316

1,639

24

2,162

1,649

April 2008

42

2,553

1,955

24

2,311

1,981

May 2008

41

2,318

1,756

15

2,056

1,593

June 2008

27

2,340

1,869

27

2,281

1,733

July 2008

40

2,480

1,862

26

2,543

1,928

August 2008

44

2,348

1,764

23

2,246

1,659

September 2008

42

2,206

1,892

26

2,327

1,843

October 2008

32

2,187

1,818

25

2,582

1,940

November 2008

826

81,626

1,623

18

2,095

1,709

December 2008

811

8766

1,414

17

1,913

1,536

1 Includes all types of mortgage lenders.

2 Includes all types of landlord whether social or private.

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

4 Figures for the latest month are provisional.

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.

6 Includes outright and suspended orders, the latter 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.

7 The rollout of the Possession Claim On-Line (PCOL) system in late 2006 has affected the availability of court-level data. Only those county courts which do not have direct on site access to PCOL were affected. Consequently, upward adjustments have been applied which estimate the effects of the missing data. The figures for Eastbourne court are adjusted at Her Majesty Courts Service (HMCS,) regional level, which for Eastbourne is the south east.

8 The Mortgage Pre Action Protocol for possession claims relating to mortgage or home purchase arrears was introduced in November 2008. In the short term, it has led to substantial fall in the number of new possession claims. More details are available in the recent repossession action bulletin available on Ministry of Justice website.

Source:

Ministry of Justice