All FAQs
- Can I keep their goods?
No, you have severed your lease and you cannot hold their goods. You have to allow them reasonable time to recover them and allow them access. If there are goods within, you can levy upon them under a rent authorisation. Call our Office to discuss your options.
- Do I need to be there?
No, we deal with the whole process – we just need to know where to drop off the keys.
- Are the Police involved?
We notify the Police of our intentions and confirm that the Landlord has recovered the premises. Should anything occur then they are aware.
- What if they break back in?
It is criminal damage and as the Police have been advised, they should assist you in the complaint.
- What if I agree for them to go back in?
You should call our Office and get the cost of the action. This is important so it can be paid in full prior to letting them in.
It is important for you to realise you have forfeited the lease and it should be reinstated. If you just let them back in it could be seen as a tenancy at will as the lease was broken.
- I have a question that’s not listed
You can call any member of our team who will be able to answer your question; do not worry how trivial it may seem, we are always here to help. Contact us on 01792 466 771 (Option 2).
- How soon will things happen?
Normally within 48 hours of instruction.
- Can you break in?
Not on the first visit, we have to gain peaceable entry, once entered we can re-enter thereafter. Therefore, it is important for us to know trading times.
- What will it cost?
The fees we can charge are set down in the Taking Control of Goods (Fees) Regulations 2014 if you have a lease these are recoverable from the tenant.
- How do you collect your fees?
If we do not recover the full amount on the first payment, our fees we will be retained from the amount recovered. Don’t worry though these fees are recoverable from the tenant who will be aware of the costs.
- What if I deal direct with the tenant?
It is common for the tenant to want to sort things out but be aware of our costs in any negotiations as you may end up having to cover them. Keep our team advised of any negotiations, remember we are here to help not hinder.
- How do I instruct you?
It’s very simple, all you need to do complete our online Commercial Rent Arrears Recovery (CRAR) instruction form.
- I have a question not listed?
You can call any member of our team who will be able to answer your question – don’t worry how trivial it may seem, we’re here to help. Call 03330 031919.
- What if they break back in and re-occupy?
Property: It is criminal damage and as the Police have been advised, they should assist you in the complaint.
Land: If it is the same trespassers then we will re-attend, but this is very rare..
- Are the Police involved?
We notify the Police of our intentions and confirm that the Landlord has recovered the premises. Should anything occur then they are aware.
- Do I need to be there?
No we deal with the whole process, we just need to know where to drop the keys and if you require additional services to secure the site.
- What if the trespassers have already left?
Property: This makes things easier as there will be no issue regarding peaceable entry. We still need to attend to search any buildings.
Land: Call our Office to prevent an attendance, reducing costs.
- Do you arrange for the locksmith/transporters?
Property: Yes, again if you hold keys and alarm codes please let us know.
Land: Yes, removal trucks will be arranged where required.
- What is Halsbury’s Law on trespass?
Every landowner has a right to remove trespassers from their land or property, under their ancient rights of Common Law found in Halsburys laws of England, Para 1400, volume 45 of Fourth edition. This right can be delegated to an agent /representative.
- Can you evict them straight away?
Yes, but we will instruct a minimum of two officers.
- How quickly do you act?
Normally within 24hrs of instruction
- What additional Information do you need?
Property: If you hold keys and alarm codes please let us know.
Land: How many trespassers are on the Land.
- I have a question that is not listed?
You can call any member of our team who will be able to answer your question, no matter how trivial it may seem we are here to help. Contact us on 0151 236 4751.
- What additional information do you need?
As much information as you have, even if this information seems trivial:
- Contact name if a company
- Contact telephone numbers, landline and mobiles
- Email addresses
- Asset details, vans, cars, stock supplied
- Alternative trading addresses
- Web pages/social media pages eg facebook/twitter etc
- Where goods were delivered
These simple details speed up the process and increase your chance of full recovery
- How soon will things happen?
As soon as you instruct. The transfer process is only restricted by the speed of the court and is out of our control. On receipt of the Writ at the office, we will issue a notice of enforcement to the debtor. If the debtor does not pay after this notice, an enforcement agent will visit the debtor to take control of the debtor’s goods. They will then report to you direct, as to the action that has been taken.
- How do you get paid?
Our costs are added to the award and recovered from the defendant.
- What if you don’t get paid?
It has been agreed with the Ministry of Justice that no fee will be charged for out of pocket expenses, therefore the case would be closed and you would not receive a bill.
- What should I do if the defendant calls?
The most practical answer is to refer them to us and advise them that the matter is being dealt with through the court and they need to contact the Officer.
- How do I know what is happening on my case?
We will update you throughout all the processes – this can be done speedily through email or written reports. This will include any offers made.
- What if I have a question not listed?
You can call any member of our team who will be able to answer your question, don’t worry trivial it may be, we are here to help. Contact us on 01792 450031 and ask to speak to our Commercial and Eviction Services Team.
- What happens if I deal directly with the defendant?
You will be liable for our full fees. We would ask you that once the enforcement process has started you refer the defendant to our office. Defendants can be known to try and interfere with the process and attempt to delay payment.
- What if they break back in and re-occupy?
Property: It is criminal damage and as the Police have been advised, they should assist you in the complaint.
Land: If it is the same trespassers then we will re-attend, but this is very rare. - What additional information do you need?
Property: If you hold keys and alarm codes please let us know and how many squatters are in the property. One of our team will contact you prior to the eviction to discuss.
Land: How many travellers are on the land. - What if the squatters have already left?
Property: This makes thing easier as there will be no issue regarding peaceable entry. We still need to attend to search any buildings.
Land: Call our Office to prevent an attendance. - Do I need to be there?
No, we deal with the whole process, we just need to know where to drop the keys and if you require additional services to secure the site.
- Do you arrange for the locksmith/transporters?
Property: Yes, if you hold keys and alarm codes please let us know.
Land: Yes, removal trucks will be arranged. - Are the Police involved?
We notify the Police of our intentions and confirm that the Landlord has recovered the premises. Should anything occur then they are aware.
- I have a question that’s not listed
You can call any member of our team who will be able to answer your question; do not worry how trivial it may seem, we are always here to help. Contact us on 0151 236 4751.
- What happens if the writ is unexecuted?
Should it be the case that the writ cannot be executed, which can be for a variety of reasons – the defendant is insolvent, bankrupt, in liquidation or moved away and can’t be traced – a maximum fixed fee would be charged as before.
- How long does my writ last?
An Enforcement Agent has 12 months to take control of the debtor’s goods under a writ from the date the Enforcement Agent issues the Notice of Enforcement to the debtor. A writ can be extended for a further 12 months by application to the court, there is a further court fee payable for this application.
Where a debtor enters an arrangement and maintains the arrangement then there is no requirement to extend the writ. - What happens if there are no assets?
If the Defendant has no assets, or only has assets that are not worth removing to sale and is unable to pay the Writ, a maximum fixed fee would be charged for up to three visits. The office would keep you advised of the progress by way of reports.
- After my judgment has been issued and my transfer complete what happens next?
A High Court Writ will be issued to a High Court Enforcement Officer who will, on the receipt of the Writ at the office, issue a notice of enforcement to the debtor. If the debtor does not pay after this notice, an enforcement agent will visit the debtor to take control of the debtor’s goods. They will then report to you direct, as to the action that has been taken.
- Will I get my transfer fee back?
When a High Court Writ is issued there is a cost of execution fee which is payable, this fee is to cover your issuing costs. However if the High Court Enforcement Officer is not successful in obtaining payment, the issuing fees are not refundable.
- How can I pay the fee for transfer up?
You can pay the fee in cash, debit card, bank draft, postal order, or cheque. Cheques are made payable to the HMCTS. Account facilities are available upon request.
- How do I transfer my judgment from the County Court to the High Court for enforcement?
HCE Group can transfer your Judgment for you. All you need to do is complete our online form and send us a copy of the original Certificate of Judgment sealed by the Court, and payment of the court fee.
We will complete all the necessary documentation, and prepare the Writ. We will issue it to the High Court and obtain the necessary seals and forward to the appropriate officer.
- What additional information do you need?
These simple details speed up the process and increase your chance of full recovery.
- Contact name if a company
- Contact telephone numbers, landline and mobiles
- Email addresses
- Asset details, vans, cars, stock supplied
- Alternative trading addresses
- Web pages/social media pages e.g. facebook/twitter etc
- Where goods were delivered
- I have a question that is not listed?
You can call any member of our team who will be able to answer your question, no matter how trivial it may seem we are here to help. Contact us on 0151 236 4751.
- How soon will things happen?
As soon as you instruct. The transfer process is only restricted by the speed of the court and is out of our control. On receipt of the Writ at the office, we will issue a notice of enforcement to the debtor. If the debtor does not pay after this notice, an enforcement agent will visit the debtor to take control of the debtor’s goods. They will then report to you direct, as to the action that has been taken.
- How will I know what is happening on my case?
We will update you throughout all the processes – this can be done speedily through email or written reports. This will include any offers made.
- What happens if I deal direct with the defendant?
You will be liable for our full fees. We would ask you that once the enforcement process has started you refer the defendant to our office. Defendants can be known to try and interfere with the process and attempt to delay payment.
- What should I do if the defendant calls?
The most practical answer is to refer them to us, tell them that the matter is being dealt with through the court and they need to contact the Officer.
- What if it can’t be recovered?
Should it be the case that the Writ cannot be executed, this can be for a variety of reasons – the defendant is insolvent, bankrupt, in liquidation or moved away and cannot be traced – a maximum fixed fee would be charged.
- How do you collect your fees?
If we do not recover the full amount on the first payment, our fees we will split from the amount recovered 65/35, you receiving the larger amount. Do not worry the fees are recoverable from the defendant.
- How do you get paid?
Our fees are added to the judgment and the defendant pays..
- What will it cost?
Her Majesty’s Courts & Tribunals Service (HMCTS) charges a fee to seal the writ. We do all the administration and complete all the forms with no charge to you. This fee is then added to the judgment as an execution cost.
- How quickly will the officer visit?
Normally within 48 hours of instruction, so the sooner you send us the documents the sooner they will be served.
- How much will it cost?
Contact our Commercial and Eviction Services Team on 01792 466 771 (Option 2) for full information on our fees.
- I think they may have moved?
We will visit the address and confirm with neighbours and try to obtain a further address.
- I have a question not listed?
You can call any member of our team who will be able to answer your question. Don’t worry how trivial it may seem, we are here to help. Please contact a member of our Commercial and Eviction Services Team on 01792 450031.
- Can you break in?
No we can’t break in to the property.
- What if you can’t meet with the respondent?
We leave an appointment letter and re-attend – if they do not meet with the officer a substituted service will occur.
- What additional information do you need?
As much information as you have, no matter how trivial it may seem.
- Contact name if a company.
- Contact telephone numbers, landline and mobiles.
- Email addresses.
- Asset details, vans cars stock supplied.
- Alternative trading addresses.
- Web pages or social media pages, e.g. facebook, twitter etc.
- Where goods were delivered.
- What do I do now?
If you wish to instruct us, simply post or email copies of your documents to our Swansea office.
Commercial and Eviction Services Team
High Court Enforcement Group
Vaughan Thomas House
141 Walter Road
Swansea
SA1 5RW - I have a question that is not listed?
You can call any member of our team who will be able to answer your question, don’t worry how trivial it may seem, we are here to help. Please ring 01792 466 771 (Option 2) and ask to speak to a member of our Commercial and Eviction Services Team.
- Money Claim Online
Money Claim Online (MCOL) is Her Majesty’s Court and Tribunals Service’s Internet based service for claimants and defendants.
- High Court Enforcement Officers Regulations 2004
You can view the High Court Enforcement Officer’s Regulations 2004 on the legislation.gov.uk website.
- HM Land Rgistry
Registering title to land in England and Wales, recording dealings (for example, sales and mortgages) with registered land.
- THE HIGH COURT ENFORCEMENT OFFICERS’ ASSOCIATION
The High Court Enforcement Officers’ Association formerly known as The Sheriffs Officers’ Association.
- CIVIL COURT USERS ASSOCIATION
Promoting a better Court Service for our members and all other court users, by liaison with the Ministry of Justice and Her Majesty’s Courts & Tribunals Service.
- CREDIT SERVICES ASSOCIATION
The only National Association in the UK for companies active in relation to unpaid credit accounts, debt recovery agencies, tracing and allied professional services.
- DEPARTMENT FOR BUSINESS INNOVATION & SKILLS
Committed to fostering competitive markets through the right business law framework.
- JUSTICE – CIVIL PROCEDURE RULES
Civil Procedure rules found on the Justice website.
- SOLICITORS REGULATION AUTHORITY
The independent regulatory body of the Law Society in England and Wales.
- NATIONAL DEBTLINE
National Debtline is an independent charity, dedicated to providing free debt advice by phone and online to people across the UK.
- COMPANIES HOUSE
The foundation of company information exchange in the UK: helping business, informing the public and benefiting the economy.
- CITIZENS ADVICE BUREAU
The Citizens Advice service helps people resolve their legal, money and other problems by providing free, independent and confidential advice.
- TRUST ONLINE
Registry Trust is a not-for-profit company which operates the Register of Judgments, Orders and Fines for England and Wales on behalf of the Ministry of Justice.
- STEPCHANGE
StepChange works with clients to resolve the debt problems they face, making no judgement on the causes of debt problems and working with clients in a sympathetic and supportive manner..
- MONEY ADVICE SERVICE
The Money Advice Service helps people manage their money through their own free and impartial advice service.
- ADVICEUK
AdviceUK is the UK’s largest support network for free, independent advice centres.
