Bailiff Eviction
If the tenant does not leave the property voluntarily after a possession order has been granted, the final step is to apply to the court for a warrant of possession.
We will arrange for the necessary court papers to be prepared and for a court bailiff to attend the property and carry out the eviction.
Once the eviction has taken place, possession of the property is returned to the landlord and the eviction process is complete.
Bailiff Eviction – Court Bailiff Eviction
POA
A bailiff eviction becomes necessary when a tenant fails to leave the property voluntarily after a possession order has been granted by the court.
If the tenant remains in occupation after the date specified in the possession order, the landlord must apply to the court for a warrant of possession so that a court bailiff can attend the property and carry out the eviction.
It is important to understand that even where a landlord has obtained a possession order, it is still unlawful to attempt to remove the tenant personally, to change the locks, or in any other way prevent the tenant from occupying the property.
Doing so may amount to a criminal offence under the Protection from Eviction Act 1977 and must therefore be avoided.
High Court Enforcement – Application to Transfer
POA
Applications for permission to transfer to the High Court for the purposes of enforcement
We can assist landlords by preparing and filing a fully pleaded application for permission to transfer enforcement to the High Court, either: i) at the commencement of possession proceedings to accompany the possession claim; or ii) following the making of a possession order, by way of a further application to the County Court.
If permission is granted enforcement through the High Court may proceed significantly more quickly than enforcement through the County Court. Permission is, however, always at the discretion of the Court and cannot be guaranteed.
Application to transfer from the County Court to the High Court
Where permission to transfer enforcement to the High Court has already been granted by the County Court, we can take the necessary steps to transfer the matter to the High Court for enforcement on your behalf.
High Court Enforcement – Appointment of High Court Enforcement Officer
POA
Once you have successfully transferred your claim from the County Court to the High Court for the purposes of enforcement, we can assist in instructing High Court Enforcement Officers to execute a writ of possession. High Court Enforcement Officers can usually act significantly more quickly that the County Court Bailiffs as they are not constrained by court backlogs and the excessive waiting times at some courts.
*This fee assumes that just one High Court Enforcement Officer will carry out the eviction. Should additional support be required by more than one High Court Enforcement Officer or should the attendance take more than 1 hour, the fee quoted may be subject to an increase. Please also note that lock smith fees are separately priced and are not included in any quote provided.
