Ex parte application
An ex parte application is a request made to a court by one party only, without the other side being present or having been given advance notice of the hearing. The term comes from Latin, meaning "from one side". In landlord and tenant law, it arises almost exclusively in urgent situations where waiting to serve notice on the other party would defeat the purpose of the application, typically where a tenant is seeking an emergency injunction to stop an ongoing unlawful eviction, lock change, or disconnection of gas, electricity, or water, or where a landlord needs urgent access to prevent imminent serious damage or risk to occupiers.
Ex parte applications in civil proceedings in England and Wales are governed by Part 25 of the Civil Procedure Rules, which covers interim remedies. Courts approach them with caution: the power to make an order without hearing the other side is a significant judicial step, available only where the urgency genuinely justifies it.
The duty of full disclosure
Because the respondent is not present to put their case, the applicant bears a heightened duty of full and frank disclosure. They must draw the court's attention to any facts, documents, or arguments that might count against them, including points the absent party would likely raise. Failing to do so is treated seriously. If it later emerges that material information was withheld, the court may discharge the order, refuse to continue it, and in some cases make a costs order against the applicant.
What happens after an ex parte order
Any order made ex parte is temporary. It will be listed for a return date, typically within a few days, at which both parties attend, the full picture is heard, and the court decides whether to continue the order, modify it, or set it aside entirely. This gives the respondent the first opportunity to challenge both the evidence relied on and whether the urgency was genuine. Courts expect ex parte applications to be used only where notice to the other party would genuinely cause the harm that the application is trying to prevent.
In practice, ex parte applications are rare in routine landlord and tenant matters. The standard possession process, Section 8 notice, court application, hearing, possession order, involves both parties at every stage. An ex parte route only arises where there is an exceptional emergency and professional legal advice should always be sought before making or responding to one.
August's document management feature stores correspondence, notices, and court documents in one place, which matters most when an ex parte application requires assembling evidence and disclosure at short notice.
Landlords who want to understand the full context of the court possession process should read the August guide to evicting tenants in arrears and court timelines.
Frequently asked questions
What is an ex parte application in landlord and tenant law?
An ex parte application is a request to a court made by one party without notifying the other, used where urgency means that serving notice on the respondent would defeat the purpose of the application. In housing cases it most commonly arises when a tenant seeks an emergency injunction to stop an unlawful eviction, or when access is needed to prevent immediate serious risk. Professional legal advice should be sought before making one.
What happens after a court makes an ex parte order?
An ex parte order is always temporary. The court will set a return date, usually within days, at which both parties attend and the judge decides whether to continue, vary, or discharge the order. The respondent has the chance to challenge both the merits and whether the urgency was genuine. If it emerges that the applicant failed to disclose material information, the court can discharge the order and may award costs against them.
