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Repossession Orders

Volume 491: debated on Friday 24 April 2009

To ask the Secretary of State for Justice how many court orders have been issued for the repossession of homes in Birmingham, Sparkbrook and Small Heath constituency in the last two years for which data is available. (270033)

Figures for Birmingham, Sparkbrook and Small Heath constituency are not available. However, the following table shows the number of mortgage and landlord possession orders made in the Birmingham county court, for 2007 and 2008.

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, geographical boundaries of county courts may not necessarily be consistent with other administrative or constituency boundaries. Repossession orders made at Birmingham county court may therefore relate to properties in other constituencies besides Birmingham, Sparkbrook and Small Heath.

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 orders made4,5 in Birmingham county court, 2007-086

Mortgage possession

Landlord possession










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 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.

5 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.

6 Figures for the latest year are provisional.


Ministry of Justice