Residential Possession

4 minutes reading time

Residential Possession - I have an order for possession, but the tenant still hasn’t moved out. What can I do?

The landlord can enforce an order for possession by asking the court to issue a warrant of possession. The warrant of possession can be issued if the tenant fails to leave on the date set out in the order or breaches the terms of a suspended possession order.

To make an application, the landlord must apply to the court using the form N325. This form is submitted to the county court, where the hearing for the order was made. The tenant does not receive notice of the application.

Writ of Possession

An alternative to enforcing a possession order is to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO) or bailiff. This is usually quicker than in the County Court.

A possession order can be enforced in the High Court in two different situations. Firstly, when the possession hearing was in the High Court. However, this is unusual. Or secondly, the landlord has applied to have the matter transferred to the High Court for enforcement purposes.

The Application

The County Court can decide whether to allow the matter to be transferred to the High Court. However, the landlord can request a transfer during the possession proceedings in the High Court or after the order for possession has been obtained by applying to the County Court.

Suppose there are rent arrears together with any court costs over £600. In that case, the landlord can also apply for a writ of control to recover the money owed. This allows the bailiff to seize and sell the debtor's goods.  

Notice of application for permission

Once the landlord has obtained permission from the High Court, the landlord must give notice to every person in actual possession of the property. The High Court cannot grant permission unless each tenant is given such notice as the court considers sufficient.

Notice of execution of writ of possession

A notice of eviction should be delivered to the premises at least 14 days before the date of eviction unless the court determines otherwise.

The eviction notice must be addressed to all parties named on the order of possession and any other occupiers. It must be placed through the letterbox in a sealed transparent envelope, or if this is not possible, it must be attached to the premises or on stakes in a visible way.  

Application to stay or set aside

The High Court has the power to stay or set aside a writ of possession or writ of control.

The application must be supported by evidence, which can be included in a witness statement or the application.

If the stay or set aside is granted, the tenant must inform the HCEO of this, as the court may not inform the HCEO.

Contact Myerson Solicitors

If you have any more questions or would like more information, you can contact our Family Law Solicitors on:

0161 941 4000