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Repossession Orders: Tamworth

Volume 495: debated on Tuesday 7 July 2009

To ask the Secretary of State for Justice how many court orders have been issued for the repossession of homes in Tamworth constituency in each of the last five years. (283849)

Figures for Tamworth constituency are not available. However, the following table shows the number of mortgage and landlord possession orders made in Tamworth county court for 2004-08.

Statistics on mortgage and landlord possession actions are routinely published 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.

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 Tamworth county court may therefore relate to properties in other constituencies besides Tamworth constituency.

The Ministry of Justice published a consultation note on 15 May 2009 covering proposed changes to the national statistics on mortgage and landlord possession actions in the county courts of England and Wales. One of these is to provide geographical breakdowns based on the physical location of the properties subject to the possession actions. The Ministry of Justice intends to make available figures for Westminster parliamentary constituencies in England and Wales upon publication of 2009 Qtr 2 (April to June) statistics on 14 August 2009.

The consultation note can be viewed on the Ministry of Justice website at:

http://www.justice.gov.uk/publications/docs/stats-mort-landlord-note.pdf

Number of mortgage1 and landlord2 possession orders made3,4 in Tamworth county court, 2004-08

Mortgage

Landlord

2004

172

202

2005

251

189

2006

290

161

2007

301

126

2008

340

154

Notes:

1. Includes all types of mortgage lenders.

2. The landlord data includes all types of landlords whether social or private sector, and cover orders made using both the standard and

accelerated possession procedures. The accelerated procedure is used by landlords in relation to shorthold tenancies, when the fixed period of tenancy has come to an end. It enables orders to be made by the court solely on the basis of written evidence and without calling the parties to hearings.

3. 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.

4. 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.

Source:

Ministry of Justice