Landlord Advice UK Tenant Eviction Service For Landlords

Enforcement

If you’ve obtained a possession order from the court but your tenant hasn’t vacated the property, the next step is enforcement. Enforcing a possession order can be a complex process, requiring strict compliance with legal rules to avoid delays or complications. This guide provides a detailed overview of how landlords in the UK can enforce a possession order, from warrants for possession to writs for possession.

Step 1: Obtaining a Warrant for Possession

A warrant for possession is the first method of enforcing a possession order if the tenant refuses to leave. This involves transferring the matter to a County Court Bailiff.

How to Apply for a Warrant for Possession

1. Application Process
   • Complete Form N325 (Request for Warrant of Possession of Land) and submit it to the County Court with a Risk Assessment where the possession order was issued.
   • Pay the applicable fee, which is currently £130 (subject to change).
2. Notice of Eviction
   • The court will issue an eviction notice to the tenant, giving them at least 14 days’ notice of the eviction date.
3. Bailiff Attendance
   • If the tenant does not leave, the County Court Bailiff will attend the property to carry out the eviction.

Limitations of Warrants for Possession

• Delays: County Court Bailiffs are often overloaded with cases, leading to delays of several weeks or months.
• Tenant Non-Compliance: Bailiffs have limited authority to deal with obstructive tenants.

Step 2: Transferring to the High Court for a Writ of Possession

If time is critical, landlords can transfer the possession order to the High Court to obtain a writ of possession. High Court Enforcement Officers (HCEOs), also known as Sheriffs, can enforce possession orders more quickly and with greater authority.

When Can You Use a Writ of Possession?

• Default Position: Possession orders are enforced in the County Court unless the court grants permission to transfer to the High Court.
• Mandatory Permission: Permission is required unless the possession order relates to trespassers (unauthorized occupiers).

How to Transfer to the High Court

1. Application for Permission
   • Submit Form N244 to the County Court, requesting permission to transfer the possession order to the High Court.
   • Provide a compelling reason, such as significant delays in County Court enforcement.
   • Pay the application fee (currently £71).
2. Issue of a Writ of Possession
   • Once permission is granted, the High Court can issue the writ.
   • An HCEO will serve the Notice of Eviction, typically giving the tenant 7 days’ notice.
3. Eviction by HCEOs
   • HCEOs can enforce possession more swiftly and handle tenant resistance effectively.

Advantages of Writs of Possession

• Speed: Evictions can be carried out within days of the writ being issued.
• Authority: HCEOs have greater powers than County Court Bailiffs, including the ability to deal with complex situations like tenant protests.

Important Rules for Writs of Possession

• The tenant must be notified of the eviction unless an application for dispensation of notice is granted by the court (e.g., in cases of trespassers).
• Landlords must adhere to the High Court’s procedural requirements, including providing a sealed copy of the writ to the tenant.

Rules and Compliance for Landlords

Landlords must strictly follow these rules when enforcing possession orders:

1. Notice Requirements
   • Ensure tenants receive the correct notice period before eviction. Failure to comply can lead to delays or the eviction being deemed unlawful.
2. Post-Lockdown Eviction Restrictions
   • Eviction bans during specific periods, such as public health emergencies, may apply. Always check current government guidance.
3. Protection from Eviction Act 1977
   • Ensure compliance with the Protection from Eviction Act 1977, which outlines legal procedures for evictions to avoid claims of harassment or unlawful eviction.
4. Reasonable Force
   • Only bailiffs or HCEOs may use reasonable force to enter the property. Landlords are not permitted to do so.

Costs of Enforcing a Possession Order

1. Warrant for Possession
   • Application fee: £130.
   • Additional costs may include locksmith services if required.
2. High Court Writ of Possession
   • Application for transfer: £71.
   • HCEO fees: Vary depending on the complexity of the eviction. These costs can sometimes be recovered from the tenant.

Common Challenges in Enforcing Possession Orders

1. Tenant Resistance
   • Some tenants may refuse to leave or deliberately damage the property. Ensure the enforcement officer is aware of any potential issues.
2. Delays in County Court
   • Consider transferring to the High Court if delays are excessive.
3. Unlawful Evictions
   • Avoid any action that could be considered harassment or unlawful eviction, as this can lead to penalties and compensation claims.

Key Takeaways for Landlords

• Act Promptly: Delays in applying for enforcement can extend the eviction timeline significantly.
• Consider High Court Enforcement: If speed is essential, transferring to the High Court is often the best option.
• Follow the Rules: Compliance with notice periods and court procedures is critical to avoid complications.
• Seek Professional Help: If you’re unsure about any step, consult our experts who will be able to advice and assist you with the procedure.

By understanding the process of enforcing a possession order and following the rules, landlords can regain possession of their property efficiently and lawfully. Whether you opt for a warrant for possession or a writ of possession, acting decisively and adhering to legal requirements will ensure the eviction process is handled smoothly.