Residential Eviction

How to enforce Orders for Possession

Background

All landlords wanting possession of their properties are being badly affected by the recent rules and ban on evictions.

There has been a lot of changes for residential landlords in 2020, the year of covid-19, the year that has seen the banning of residential evictions since 18th of March 2020, and the introduction of a 6-month notice period.

HM Courts & Tribunal Service has now announced a new amendment, Civil Procedure Rule 83(2), in favour of the landlord. It will be able to be used as soon as the current stay on evictions is lifted, currently not until 21st September 2020.

This amendment has basically removed the requirement for a landlord to get the permission of the court to issue a Writ of Possession, saving weeks of time and money in fees.

Summary

The new rules recently introduced on using a High court Enforcement Officer to get you a fast eviction will give a better choice to claimants wanting a fast service to get their property back.

The Detail

With delays to use the County Court bailiffs expected to be a few months and with a 6 month back log, and even longer for evictions in London and the South East the new rules will help landlords recover their properties faster.

The changes affect most tenancies, including those in social housing. They simplify the process of transferring up an Order for Possession to the High Court for enforcement by a High Court Enforcement Officer. This makes the transfer up process cheaper, much quicker, and simpler.

This also makes using a High Court Enforcement Officer -v- County Court Bailiff an easier choice, as the use of a High Court Enforcement Officer to enforce your Writ of possession will the most logical choice for many. The rules for the eviction of squatters and trespassers remain unchanged. www.legislation.gov.uk

The new procedure will see the following changes:

  • The landlord does not have to ask for the permission of the court to transfer up the Order for Possession to The High Court for enforcement by a High Court Enforcement officer.
  • A simple application on an N244 is all that is required. Consequently, no requirement for giving notice of the application.
  • Civil procedure Rule 83A require that The High Court Enforcement Officer serves a 14-day eviction notice at the premises on the statutory forms like N54 which has been aligned with the process of the County Court Bailiffs.

At Quality Bailiffs our High Court Enforcement Officer can manage and enforce the whole process for you for a low fixed fee.

We can help with the preparation of the required paperwork and obtain a sealed writ on your behalf. This will allow us to complete the eviction process quickly.

If you have a monetary award issued by the Court as well as a possession order, we can deal with this at the same time and ask to Court to seal a “Combined Writ of Control and Possession”.

Conclusion

Whilst residential landlords have been hit very hard recently this new amendment will at least give a small ray of hope to speed up the eviction process for landlords. It also relieves the pressure on the County Court Bailiff Service which is struggling under its current resources to catch up.

Don’t suffer more delays contact Quality Bailiffs now to discuss your options.

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