Speedy writs of possession
New streamlined procedures that make it easier for landlords to use a High Court Enforcement Officer (HCEO) to evict residential tenants came into force on 23rd August 2020.
Writs of possession
At HCE group we’ve been seeing writs of possession being granted within 48 hours of application.
This can be of huge benefit to residential landlords. The timescale of 48 hours for the legal processing of the paperwork can mean that vacant possession can be given within two weeks.
County Court bailiffs
These timescales are in stark contrast with the county court bailiffs, the latest statistics published by the Ministry of Justice are as follows:
- Claim to order 11.5 weeks
- Claim to warrant 38.1 weeks
- Claim to possession 41.5 weeks
Source: Ministry of Justice data for 2017, published February 2018
When these timescales are compared with the two weeks that HCE group can regain possession for you it can make a significant impact on potential losses a landlord will incur.
To obtain a writ of possession via the High Court can assist with the wording and completion of the necessary paperwork, we have plenty of experience in this area. The evidence and supporting documentation needs to be factual and accurate and we can check for common mistakes and errors.
You should give us all the necessary information such as
- Is rent currently being paid?
- Has there been any damage to property or anti-social behavior at the property?
- Have the police been called to the property? Is the property being used for illegal activity?
- Have there ever been threats of violence
7 days’ notice
Once we have the writ of possession we can send notice of this to the defendant, the defendant will then be given a notice period of 7 days. After the 7 days period has expired we will have enforcement agents take possession of the property for you.
If the tenant has any property that they have left behind we will supply a tort notice. A tort notice (interference with goods Act 1977) will be placed in a prominent position, usually the entrance or on a front door the notice will state the following details:
- list the goods that remain
- where the goods are being kept
- The timescale expected for removal (at least 14 days should be given for the owner to collect their belongings)
- where sale of the items will take place
- if items are sold, sale and storage costs will be deducted from the proceeds of sale
To instruct us or to discuss the services we can offer to landlords of both residential and commercial property call 08450 999 666
Alternatively complete the transfer up form found here: