Tenant Eviction by County Court order for possession & Request for faster enforcement by the High Court Enforcement Officer
As a residential landlord wishing to repossess your property, your first step if not already done so, is to apply to the County Court for an order for possession. This starts the process of tenant eviction.
Normally, this court order would be executed by County Court Bailiffs, but due to their high workload, residential landlords are suffering long delays owing to the Court’s workload – several months in a number of cases. Experience shows that in tenant eviction cases, the landlord’s interests are best served by speed of action, whilst also following the correct legal process.
We are a professional court enforcement company with extensive resources and High Court powers, which residential landlords can apply for when enforcing a County Court possession order. Our team of specialists provide a cost-effective and faster residential tenant eviction service of the County Court order, (within 1 month , dependent on the landlord’s issuing County Court).
Safeguarding the Landlord’s Interest – Special Notice
We safeguard the landlord’s interest and enforce the County Court order correctly in the eviction of tenants. This process of understanding the legal requirements is essential – be wary of claims of 7 day guaranteed tenant evictions! Thereby their action in effect could be deemed illegal, leaving the landlord open to legal risk of a potential counter claim from the tenant who has been evicted.
Call us today on 0191 338 5555 or email your enquiry to info@elliottdavies.com
Request for High Court Enforcement Officer to undertake Tenant Eviction by County Court order (Section 42 of the County Court Act 1984)
Only under Section 42 of the County Court Act 1984, can an application be submitted to a judge to have the court possession order, regarding a residential tenant eviction, for permission for the order to be enforced by a High Court Enforcement Officer. It is important that the order is made correctly and the right wording used. Please contact us if you would like to discuss further and we have a panel of solicitors who will be able to provide independent legal advice.
Call us today on 0191 338 5555 or email your enquiry to info@elliottdavies.com
If the Landlord hasn’t yet made an application for a County Court order then we recommend that the request to instruct a High Court Enforcement Officer is made at the same time, with reference to Section 42 of the County Court Act. It is always at a judge’s discretion if this transfer for enforcement by the High Court Enforcement Officer can proceed.
The landlord will have to give formal reasons why speed of action is considered necessary in the letter, which should accompany the application of transferring the enforcement of the County Court order for possession to a High Court Enforcement Officer. This can include prevention of further loss of rental revenue, residential property at physical risk or avoid further damage, overcrowding or a challenging tenant eviction is anticipated. Landlords in tenant eviction cases often also provide other important supporting information if relevant to their application.
Instructing a High Court Officer is on paper a more expensive route than Court Bailiffs but in practice many landlords have found this to be more effective and real savings are in practice achieved.
Rent Arrears in combination with Tenant Eviction (High Court Writ of Possession in combination with a Writ of Control)
If you are a landlord of a residential property who is owed rent from a tenant, you can also add a claim for money to the possession order. This requests from the judge for leave of the Court to transfer the enforcement to a High Court Enforcement Officer. Again although at first glance this is more expensive route but in practice has proven to be the most cost effective option. The administration of the transfer up of the money claim to the High Court is undertaken at no cost to the client by Elliott Davies Court Enforcement Services (court fee £60 payable).
On receipt of your instructions, Elliott Davies Court Enforcement Services will respond very quickly to execute the writ in order to recover the rent owed, and ensure that the residential property is returned to the Landlord’s possession as soon as possible.
Call us today on 0191 338 5555 or email your enquiry to info@elliottdavies.com
Commercial Tenants
If you are owed commercial rent arrears or require the premises to be repossessed then our Commercial Rent Arrears Recovery CRAR and Forfeiture of Lease services may be of interest.
Other Services – Independent Legal Advice
We can also connect you with our panel solicitors who are able to assist in the issuing of the claim and instigate possession proceedings or a combination of both.
Independent legal advice is available from our panel of solicitors to assist in the issuing of
- Statutory Demands
- Bankruptcy Petitions
- Winding Up Petitions on failed writs.
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.
For further information about our service for Residential Tenant Evictions and options, please do not hesitate to contact us. Call 0191 338 5555 or email info@elliottdavies.com
To Evict Your Tenant but CCJ Not Yet Obtained
If have not yet obtained a CCJ and wish to undertake an eviction of tenant from your residential property, you can still contact us. 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 about our service for Tenant Evictions and options, please do not hesitate to contact us. Call 0191 338 5555 or email info@elliottdavies.com
NB: Late payment charges will be applied on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (As Amended).