Eviction

  • Eviction

    The landlord can only proceed to obtain a warrant of eviction if the tenants have breached the terms of their suspended possession order.

    When the landlord has successfully made an application to the Court for the warrant of eviction, the Court will then send that warrant to the tenants. The warrant will be executed by the bailiff who will attend the property to execute the warrant at the date or time mentioned in the warrant.

    ·         At the property, the bailiffs have the right given to them by the court to:

    ·         Remove anybody still occupying the property (by use of reasonable force)

    ·         To secure the property by changing the locks (usually done by a locksmith)

    ·         The date and time on the warrant is the very last day given by anyone living in the property to leave it. There will not be an extended period of grace allowed.

     

    Note: The landlord will not be permitted to remove anyone from the property. The power to do so has been given to the bailiffs by the court by means of the warrant of eviction.

     

    What if the tenants have nowhere to go?

    If the tenants have nowhere to go or have not secured other accommodation, then they should seek the help or assistance of their local authority. This means the tenants should attend in person and explain the reason(s) of their eviction. The local authority involved will assess the tenant’s applications and determine the eligibility for assistance.

     

    Fast tract eviction

    Landlords can use the High Court to make a fast track eviction order. They can include in their claim for possession a request to transfer the enforcement of the order to be made in the High Court.

    Or the landlord can also make a request at the possession hearing if the judge makes an outright order for possession to have the enforcement of the possession order transferred to the High Court.

    It is at the discretion of the judge to decide to transfer the possession order to the High Court. For this to happen, the landlord will have to plead and convince the judge that it is vital to transfer the possessing to the High Court, namely giving the arguments such as:

    ·         using the County Court bailiff will delay the procedure which will have a huge and considerable impact on loss of rental income

    ·         there is a risk of damage to the property

    With a sealed possession order from the Court, the landlords will be entitled to apply for permission for a writ of possession or writ of control (if there is a recovery of money judgment) and have this sealed by the County Court in with the possession order.

    Note: permission for the writ of possession will not be granted unless the court is entirely satisfied that the tenants had notice to the proceedings. The application is then sent to the High Court to be approved.

    When the possession or the writ of control (if applicable in this instance) has been approved, the landlords can instruct a high Court enforcement officer to enforce the writ.

    Note: With the granted writ, the High Court enforcer is allowed in addition to seize assets to set against any rent arrears and costs which are outstanding under the possession order.

    Important

    ·         In these extreme circumstances, tenants may not be advised that a writ application has been made.

    ·         Tenants may not be advised of the date and time of the eviction or when the writ of possession by the court was been granted to the landlord.

    ·         Tenants will not be sent a notice to inform or advise them on date and time of the writ enforcement by the landlords.

    by: tenancycentral uploaded Jul 13