It is often a source of great frustration for landlords having to wait several weeks if not months for an appointment with the County Court bailiff, particularly as it will have taken several months to get to Court and secure a Possession Order in the first place. This is becoming increasingly problematic with bailiff numbers depleting and County Courts closing.

Enforcement of a possession order through a High Court Enforcement Officer is an alternative that can save a landlord time and money. Although the fees are higher, generally the process is much quicker, with the High Court Enforcement Officer being able to effect an eviction within days of having the Possession Order.

How does it work?

• Permission of the County Court is required to enforce the Possession Order in the High Court.

• Permission is sought in the initial possession claim and at the possession hearing.

• Permission is discretionary and it is not guaranteed. Evidence is required to justify by-passing the County Court bailiff, eg financial loss to the landlord, risk of damage to the property etc.

• Once the date for possession has passed, and we have a copy of the Possession Order, the High Court Enforcement Officer can be instructed to commence the enforcement process. 

• The High Court Enforcement Officer then applies to the High Court for permission to issue a ‘Writ of Possession’. This generally takes 2 – 4 days.

• Once the Writ of Possession is granted, the High Court Enforcement Officer will arrange to attend the property and carry out the eviction. This can happen as soon as the next day.

How much does it cost?

In addition to our costs, the High Court Enforcement Officer is likely to charge :

• Approximately £795.00 plus VAT for two Enforcement Agents to attend and effect the eviction. This fee covers the first two hours, with an additional charge of approximately £75.00 plus VAT per hour thereafter, if necessary.

• Fee of £66 to issue the Writ of Possession.

For more information, please contact Kevin Lever at Kevin.Lever@kdllaw.com or on 01435 897297.

Disclaimer

This Legal Update describes the position in law as at the date of this article and care should be taken to note any subsequent amendments to the position as set out above.  The Legal Update is provided free of charge for information purposes only; it does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of KDL Law or by KDL Law as a whole.

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