Repossession of residential property
As a residential landlord wishing to repossess your property, your first step is to get an order for possession. Normally, this would be executed by a County Court Bailiff, but we are hearing from many clients that there are long delays due to their high workload.
Under Section 42 of the County Court Act 1984, it is possible to request that a judge transfer the order to the High Court for enforcement by a High Court Enforcement Officer under a writ of possession. It is important that the order is made correctly and the right wording used. If you are owed rent, you can also add a claim for money to the possession order.
On receipt of your instructions, Elliott Davies Court Enforcement Services will respond very quickly to execute the writ in order to ensure that the property is returned to the Landlord’s possession.
Writ of Possession in combination with a Writ of Control
If you are also owed rent arrears, and you have obtained a High Court a writ of control you may wish to combine this with a the writ for possession of the property. Thereby this allows commercial rent recovery being attempted in the process of terminating the lease agreement.
We can help Commercial landlords and management agents apply for an order of possession, and also transfer up any CCJ to the High Court for fast effective enforcement by Elliott Davies Court Enforcement Services.
CCJ Not Yet Obtained
If have not yet obtained a CCJ, you can still contact us, and we will gladly provide advice on the best steps to take prior to issuing to ensure you have the best chance of recovering your debts. We can also connect you with our panel solicitors who are able to assist in the issuing of claim, possession proceedings or combined.
Our panel are also able to assist in the issuing of
- Statutory Demands
- Bankruptcy Petitions
- Winding Up Petitions on failed writs.
For further information, please do not hesitate to contact us. Call 0191 338 5555 or email info@elliottdavies.com
Tracing – Absconded or Former Residential Tenant Rent Arrears
If would like to locate a former tenant then please contact our Tracing Team who will be able to help.