Commercial and Residential Property Eviction
What do I need?
In order to evict any persons from a property you will first require an order for possession from either the County Court or the High Court.
Enforcing a Possession Order
A Possession Order (the Order for Possession) is obtained from the County Court or in some circumstances the High Court to evict persons from a property, premises or land.If you are familiar with court claims you can obtain a possession order yourself using the government on-line service at www.possessionclaim.gov.uk/pcol/.
If you don’t feel confident in doing this then seek professional legal advice. It can easily go wrong and cost you more in the end.
If you don’t know a solicitor, we have a specialist panel of solicitors, some operating on a fixed fee basis. Please feel free to contact us and we will provide details of one near to you.
Once an Order for Possession is obtained you will more than likely need to enforce this as people will not normally leave voluntarily.
When a claimant gets an Order for Possession from the County Court it only entitles them to use County Court bailiffs to enforce the order.
County Court bailiffs work for the local county court. They are inundated with work and under resourced. This makes using them very slow and frustrating for the claimant. If you want to go down this route be prepared for a long wait. To use them contact the court that issued your order for possession.
At times, particularly in London and the south east, there can be a waiting list of 13/20 weeks. In 2020/2021 the time is expected to be up to 5 months across the country due to the Covid-19 pandemic restrictions affecting enforcement.
Enforcing a Writ of Possession
The quickest alternative to get your property back is to use Section 42 of the County Courts Act 1984. This allows for the fast transfer up of the case from the County Court to the High Court for enforcement by a High Court Enforcement Officer under a Writ of Possession.
Private Enforcement Agents (Bailiffs) working under the authority of our High Court Enforcement Officer are then able to enforce the writ quickly.
A new procedure from 23 August 2020 has simplified the procedure. Once you have obtained permission of the court to transfer up we can assist with the transfer process.
Quality Bailiffs via our High Court Enforcement Officer can enforce all writs of possession against Residential and Business tenants, Squatters, Activists and Protestors.
For further information please telephone our advisors now for a quote, before completing the instruction form. Each eviction is unique and has different circumstances which affects the cost of the eviction.
Attending the Eviction
We would normally require you or your representative to attend and sign the writ to confirm you have been given vacant possession.
For safety reasons the attending person must stay a short distance away, and not take any part in the possession.