Writ of Possession – Residential
County Court Possession orders between Landlord and Tenant can be enforced using certificated Enforcement Agents with the authority of an Authorised High Court Enforcement Officer. Leave from the court is required to transfer up any judgment of this type. As such, at the possession hearing request permission to transfer to the High Court for enforcement purposes under the County Courts Act 1984, section 42
If you are already in possession of the order, we can provide guidance on obtaining this leave from the court. Call the team on 0207 326 7840
What is needed to transfer up the order or judgment?
To start the transfer up process you will need the following;
- The judgment or order that states the property you are recovering
- A payment of £166.00 (court fee)
Due to a more complicated legal process than that of a writ of possession we will require some additional paperwork. The team will be in touch as the process evolves.
How to instruct us
Complete the form here, upload the necessary documents and make the payment of £66.00.
Once these have been received our transfer up team will start the process on your behalf.
What happens next
The team will start working on your case immediately it is received. They will prepare the necessary paperwork for the transfer up to the High Court. It is necessary to confirm the details of the judgment with the issuing court. How swift this is handled will depend on each individual court, the timescale of this is out of our hands.
As soon as we are possession of the High Court Writ you will be notified, and the Compliance stage will commence.
The tenant of the property must be given at least 7 days’ notice that the case and pending enforcement action is being taken. This notification informs them that an application will be made to the High Court to obtain a possession order should they not vacate the property.
All notification letters are sent via Royal Mail with a proof of postage obtained and kept on file
Where payment of the debt is not made an Enforcement Agent will attend any relevant address in England or Wales to take control of the debtors’ goods. Depending on the circumstances the Enforcement Agent may remove the goods to sell or may come to an agreement with the debtor to pay instalments through a structured Controlled Goods Agreement (CGA).
Should this agreement be breached the debtor will incur additional costs and the enforcement agent can return to remove the controlled goods.
Keeping you up to date
Throughout the entire case you will be provided timely updates as it progresses. Where significant events occur, the team will be in touch with you to discuss them and provide further information
Proceedings for possession of a residential property have yet to start?
If you are in the early stages of pursuing possession, we can introduce you to our panel of solicitors.
These solicitors will discuss the case with you, then assist and advise the best course of action. Where needed they will make an application the Order of Possession.
We will be happy to discuss your property and street security needs.
Other Property Services
High Court Writ of Possession – Trespassers
County Court possession orders can be enforced by enforcement agents by transferring to a High Court Writ.
High Court Writ of Control
County court judgments (CCJs) can be enforced through certificated enforcement agents under the authority of an Authorised High Court Enforcement Officer.
Commercial Rent Arrears Recovery – CRAR
Commercial rent arrears recovery (CRAR) is a specified process for the recovery of pure rent. This is instructed in writing by the landlord without the intervention of the courts.
Forfeiture of Lease
Forfeiture is used to terminate a commercial lease where there has been a breach of a clause(s) within the lease.
A landlord or landowner has the right to recover their land or property. This is a common law right and must be used with caution.