If you're a landlord trying to regain possession of your property, a Writ of Possession might be a faster way to enforce an eviction. This legal tool allows landlords to escalate enforcement to the High Court, where High Court Enforcement Officers (HCEOs) can step in to carry out the eviction. While the process can speed things up, it involves specific legal rules that must be carefully followed. In this guide, we’ll break down what a Writ of Possession is, how it works, and when it can be used.
What is a Writ of Possession?
A Writ of Possession is an official legal document issued by the High Court. It enforces a possession order that has already been granted by the County Court, giving landlords the legal power to reclaim their property. The writ authorises High Court Enforcement Officers (sometimes called 'bailiffs') to remove tenants or occupants who refuse to leave voluntarily and hand the property back to the landlord. Landlords usually apply for a Writ of Possession when they want a quicker enforcement process than what is typically available through County Court bailiffs.
Key features of a Writ of Possession
Authorises eviction: It legally allows for the removal of tenants or occupants who don’t leave the property as ordered.
Strict protocols: The process must follow strict legal guidelines, ensuring tenants are treated fairly and given notice.
Enforced by HCEOs: High Court Enforcement Officers, who have more flexibility and efficiency than County Court bailiffs, carry out the eviction.
💡Editor's insight: "You might see the term 'transferring up', this refers to the process of moving a County Court Judgment (CCJ) to the High Court for enforcement."
When can a Writ of Possession be used?
A Writ of Possession can only be used after a landlord has obtained a possession order from the County Court. It’s commonly used in situations such as:
Tenants refusing to vacate a property after the expiry of a Section 21 or Section 8 notice.
Landlords requiring swift enforcement due to delays with County Court bailiffs.
Cases involving trespassers or unauthorised occupants where possession is urgently needed.
Is a Writ of Possession the same as a Warrant for Possession?
A Writ of Possession and a Warrant for Possession are different, though they serve a similar purpose. Landlords often opt for a Writ of Possession when they require swift enforcement or have faced delays with County Court bailiffs.
Warrant for Possession: Issued by the County Court and enforced by County Court bailiffs. The process can take several weeks or months due to bailiff availability.
Writ of Possession: Issued by the High Court and enforced by High Court Enforcement Officers, often resulting in faster eviction.
How to transfer to the High Court
Transferring a possession order from the County Court to the High Court is a key for a Writ of possession. Here's a breakdown of how it works:
1. Obtain a possession order
Before transferring to the High Court, landlords must first secure a possession order from the County Court. This is typically the result of a successful claim for possession, such as after a tenant breaches their tenancy agreement, fails to pay rent, or remains in the property after receiving a valid notice.
2. Apply for permission to transfer
Landlords are required to apply to the County Court for permission to transfer the possession order to the High Court for enforcement. This is usually done by completing and submitting an N244 application form, which is used for a range of civil applications.
The judge will review the application, and in some cases, a hearing may be required. If the judge is satisfied with the reasons for transferring, they will grant permission for the order to be escalated.
3. Provide notice to tenants (if applicable)
In many cases, landlords are required to notify tenants of their intention to apply for a transfer to the High Court. This notice gives tenants the opportunity to object to the transfer.
The notice should include:
A clear explanation that the landlord is seeking to transfer the case to the High Court for faster enforcement.
Details of how the tenant can respond or object.
4. Apply for a Writ of Possession
Once permission has been granted, the landlord can proceed to apply for a Writ of Possession from the High Court. This is done by submitting a Form N293A (or Form PF92 for commercial property) to the High Court.
The application must include:
A copy of the original possession order from the County Court
Evidence of permission to transfer the order
Proof of compliance with any notification requirements for tenants
The High Court will then issue the Writ of Possession, authorising High Court Enforcement Officers to enforce the order.
5. Engage High Court Enforcement Officers (HCEOs)
Once the Writ of Possession is issued, landlords need to instruct High Court Enforcement Officers to carry out the eviction. HCEOs are private enforcement agents who are authorised by the High Court to enforce possession orders.
What HCEOs do:
Serve an eviction notice to the tenants (usually providing at least 7 days’ notice)
Attend the property to enforce the Writ of Possession if the tenants fail to vacate within the notice period
Remove any occupants from the property and return possession to the landlord
Is eviction faster this way?
Yes, evictions are typically faster when using a Writ of Possession compared to a Warrant for Possession. High Court Enforcement Officers often have more resources and greater flexibility than County Court bailiffs, allowing them to act quickly. However, landlords should consider the additional costs involved and ensure compliance with legal requirements to avoid potential challenges from tenants.
What happens after a Writ of Possession is served?
Once the Writ of Possession is issued and handed over to High Court Enforcement Officers, the eviction process begins:
Notice of eviction: In most cases, HCEOs will serve a notice of eviction to the tenants, giving them a short period (usually 7 days) to vacate the property.
Eviction enforcement: If the tenants fail to leave within the specified time, HCEOs will attend the property to enforce the eviction.
Return of possession: The property is returned to the landlord, allowing them to regain full control.
It’s crucial for landlords to ensure the eviction is carried out lawfully. Any deviation from the legal process could result in claims of harassment or unlawful eviction.
Challenges to consider
While a Writ of Possession offers advantages, there are potential challenges and risks to keep in mind:
Costs: The process of transferring to the High Court and engaging HCEOs can be more expensive than using County Court bailiffs.
Tenant appeals: Tenants may apply to the court to suspend the Writ of Possession, delaying enforcement.
Compliance issues: Landlords must follow the legal process carefully to avoid accusations of unlawful eviction.
Tenant vulnerability: Special considerations may apply if tenants are considered vulnerable, such as those with disabilities or dependents.
Landlords should seek legal advice from a landlord solicitor to navigate these challenges and ensure compliance with the law.
FAQs
Can you stop a Writ of Possession?
Yes, tenants can apply to the court to suspend or set aside a Writ of Possession. This may be granted if the tenant can demonstrate exceptional circumstances, such as financial hardship or a dispute over the validity of the possession order.
How long does it take to enforce a Writ of Possession?
Enforcement is typically faster with a Writ of Possession. Once issued, High Court Enforcement Officers can act within days, compared to weeks or months for County Court bailiffs.
Final thoughts
A Writ of Possession can be a powerful legal tool that helps landlords regain possession of their property swiftly and efficiently. While it offers significant advantages, it’s essential to understand the process, follow the legal requirements, and consider the potential challenges.
By taking the proper steps and seeking professional advice where needed, landlords can ensure a smooth and lawful eviction process, safeguarding their rights while respecting those of their tenants.
References
Private renting from Gov.UK