Providing efficient and effective service to local authorities, Magistrates’ Courts and private landlords since 2002

News Article

Evictions Launch

  • 20 February 2015
  • John Caldon

Welcome to www.evictions.london

In association with Frank G Whitworth, High Court Enforcement Officer.

A new branch of London Warrant Enforcement specialising in re-possession of both private and commercial premises.

In our campaign which is running through March we are focussing on the red tape that so many people come up against when trying to deal with government bureaucracy whilst attempting to get their own property back with many landlords losing thousands in addition to the rent they have already lost whilst waiting for the County Court to enforce their possession order.

Figures from the Ministry of Justice showed that over 126,000 possession claims were made in the first three quarters of 2014 with nearly 45,000 of those made by private landlords resulting in 60,000 warrants being issued to re-possess properties, 31,500 re-possessions being done by County Court Bailiffs. It is suggested that over 100 evictions take place in England and Wales each day.

With the closure of many Courts within England and Wales increasing pressures are being put under the court service. Some Courts especially within London and the Home Counties are quoting between 6 and 16 weeks to evict tenants. If you are a landlord who is relying on the rent to pay your mortgage then waiting up to 16 weeks will have significant consequences with the loss of an additional £1,846 in revenue (based on rent being £1,000pmth and having to wait 8 weeks).

If you are in a position to obtain a possession order you obviously need to be certain that you have followed the correct procedures prior to applying to the court. When you make your application the court will either

  • Issue a possession order, giving you the right to evict your tenants and take possession of your property (this is normally the case)
  • have a court hearing (this usually only happens if the paperwork isn’t in order or your tenants raise an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

The whole procedure is quite easy to do yourself but if you feel the whole process is totally daunting and you just don’t know where to start then please don’t hesitate to contact us where we can put you in touch with a solicitor who will take all of the stress out of making the application for a fixed fee.

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. The benefit of using a HCEO is that we can act very quickly to execute the writ and return your property to you. Ideally you will request the enforcement by an HCEO in the initial application, explaining the lengthy delays afforded by the County Court Bailiff. If you are making the application yourself we can provide you with the correct wording that will help your application.

Once the possession order has been received we can transfer it to the High Court for £60 and usually act within 48hrs (as opposed to 10-16weeks).

The cost for evicting the tenant start at £300+VAT depending on the service you require, each case is different so again contact us for a tailor made quote.

If you already have your possession order but the County Court have not given permission to transfer the case to the High Court then an application will need to be made to them using what is known as an N244 form, again we can help you with this free of charge but cannot guarantee the outcome. The court will charge you a non-refundable fee of £80 for your application.