Ex parte Application

An ex parte application is a request made to a court by one party only, without the other side, for example a landlord or tenant being present or given full advance notice. In housing cases this is usually used where there is real urgency, such as applying for an emergency injunction to stop an unlawful eviction, lock change or disconnection of essential services, or to secure access where there is an immediate risk to health or safety.

Because the other side is not there to argue back, the person making an ex parte application has a strong duty of candour. They must tell the judge about any facts or documents that might help or harm their own case, including points the absent party would probably raise.

Any order made ex parte is normally temporary and will be listed for a further hearing, where both landlord and tenant can attend and the judge can decide whether to continue, change or end the order.

Under the Renters’ Rights Act, ex parte applications remain an important way for tenants to obtain rapid protection from harassment and unlawful eviction, and for landlords to act swiftly in rare cases of serious risk, but courts expect them to be used only where truly necessary and proportionate.