Recovery of possession of property

No order for the recovery of possession of a property can be set aside if there is no compliance with the order of the court

The recovery of possession of an immovable property is what a landlord seeks when a tenant fails to pay rent owed or mesne profit ordered to be paid during the period of stay of execution of an eviction order. Initiation of eviction proceedings is the first step in obtaining an eviction order and the second is the execution of the order, so that a writ of possession is issued in pursuance of the execution of the order against every person in possession to surrender the property to its owner.

An owner who succeeded in issuing an order for the recovery of possession, may serve the order within the time specified therein and if there is no compliance, the owner is entitled to apply by an ex parte application for the issuance of a writ of possession for the execution of the eviction order. Once the writ of possession is issued it is up to a registrar or bailiff to execute it.

Order 43A of the Civil Procedure Rules provides that where a judgment or court order for the recovery of any immovable property is sought to be enforced by a writ of possession, the writ may be issued by leave of the court obtained on an ex parte application by the plaintiff supported by an affidavit. Such leave shall not be given unless it is shown that all persons in possession of the whole or part of the property have received notice of the proceedings as may be considered sufficient to enable them to apply to the court to seek a remedy.

Possible unexpected events that precluded the tenant from complying do not legitimise them to apply for an order of the court to set aside the writ of possession or any other remedy. Such events cannot be considered to fulfil the conditions set by the regulation.

The Rent Control Court in a judgement issued in application E25/2021, dated February 16, considered the issue with reference to Order 43A. It emphasised that the issuance of a writ of possession is applied by an ex parte application. It is a common law and not in personam remedy against the respondent, but in rem, by which power is given to the registrar of the court to take specific actions to give free possession of the immovable property to its owner.

Moreover, it gives relevant warnings to any third parties affected for any reason by the issuance of the order, who have the right to apply to the court and request setting aside the writ of possession, under Order 48 rule 8(4). The reference in the said Order “relief or otherwise” does not amount to conferring any new rights on either the tenant or any other occupant of the disputed premises. The court therefore emphasised that for the writ to be set aside, the applicant must prove the execution of the order would either be futile or was issued unjustifiably in the first place.

The court, referring to the English textbook Woodfall's Law on Landlord and Tenant, noted that the possibility to set aside a writ of possession is limited and concerns the following cases: (a) when the order on which the writ was based is annulled, or (b) when the writ has been obtained by fraud, or finally (c) when there is an abuse of process or oppression in the execution.

In this particular case, the court ruled that the above conditions were not met and did not agree with the tenant that the issuance of the writ lead to the finding that there was an abuse of the process or oppression of him. The court concluded that the execution of a well-issued court order does not amount to oppression against the one who must comply with it. On the contrary, it is the execution that completes in practice the judicial process. Consequently, the court dismissed the application of the tenant for the aforesaid reasons, as well as, due to the fact that his application did not even contain the correct procedural provisions.

Source … ossession/

Dont waste your time in Cyprus if you are a landlord trying to evict a tenant who does not pay the rent. It took me nearly eight years to evict my tenant through the courts. The Tenant was a 'Doctor' and Cypriot. He owed me twelve thousand euros. There is nobody to enforce it that he pays me the money. The lawyers, the court, the interest. The tenant has more rights than the landlord.

I suffered eight years of vast expense, vast inconvenience, mega stress and ill-health.

A complete waste of eight years and twelve thousand euro. And I was a good landlord, anything he wanted I did for him.

@Pete Phillips Not anymore Pete .. landlords have more power as the laws changed in the last couple of years.. tenants dont have as much protection as they once did...

Sorry to hear of your experience and serves as a warning to all who wish to take the path of either landlord or tenant

Thanks Toon. I received the eviction notice eventually  in 2021. Then its pinned to the front door for three month, which he took no notice. It was another few months later when two police men came to my flat and allowed me to change the locks...and another six months till I was allowed to remove some of the contents/ poccessions.He had left a fridge /freezer full of rotting meat and food.

It was another three/four months until I was allowed to remove his personal possessions. It was easier and cheaper for the tenant to let me empty the flat of all his poccessions. He was just laughing at me for eight years.  He knew the law was on his side And I had all the hard work of emptying the flat and redecorating it. I dont believe things have changed. It takes two years to get to the court. There is a massive back log also now with Covid. That was my personal experience. I would never rent out a flat in Cyprus again. Every tenant I had in that flat gave me trouble. When we found a Cypriot Doctor, we thought everything we be fine... .

the tenant was actually a high profile figure in Cyprus. The only satisfaction I had after eight years of misery was to dump all his poccessions in the bin.

@Pete Phillips I feel your pain Pete... And am so pleased we decided not to buy to let out ... As we nearly did and it was last minute decision not to do so.... Luckily for us we loved the property we bought so much we moved into it......

On balance it was a good decision for us ....

Although I do have to say we were very good tenants for 13 yrs and have had 8 landlords in that time bothe here in Cyprus and also Malta and all were absolutely fair and reasonable .

Bottom line is there are good and bad in both tenants and landlords everywhere..

Yes you are right. I have always been a good tenant in the many properties I have lived in and always been a very good landlord. This is Cyprus....

@Pete Phillips exactly ... It can be a minefield and having considered everything we chose not to follow through on it .. Don't really want the potential problems, confrontations & hassles in our retirement ....

Toon, you are a wise not, the law is not on your side, no matter what they say in the press. In practice, its not, its dysfunctional. Thanks for all your efforts and help on this site to so many people.

All the best, and enjoy your retirement.


Pete Phillips

Many thanks ...we try and that's all we can do ..

What can I do if my tenant leaves the property without paying rent or bills for 2 months?  I cannot contact him, he may have changed his number or blocked me! Can I change the locks to gain access to my property?

I would take professional legal advice . But in any event I would have thought it  prudent to change locks and to secure the property if you can prove the property has been abandoned by the tenant...If the tenant has not left the property then you must follow the relevant laws... not great I know ... but legal advice and guidance is essential in order to secure a successful eviction...

NB I believe the laws changed a while back to be more in favour of the landlord.rather than the tenants.