At Farleys we understand the stress and turmoil landlords and insolvency practitioners face when dealing with uncooperative tenants, bankrupts and trespassers. With this in mind, we are continuously revisiting the various options available to help you take back control of your property or re-posses a property for the benefit of an insolvent estate.
One of the options available to landlords and insolvency practitioners is to enforce their possession order in the High Court. We have looked at the process of transferring your County Court Possession Order (“CCPO”) to the High Court for enforcement and the various advantages and disadvantages that come with it.
For a High Court Enforcement officer (“HCEO”) to enforce your CCPO, a Writ of Possession must first be obtained. This authorises the HCEO to enter into your property or land to take back control and deliver you with vacant possession.
If your case involves tenants or mortgagors you are first required to obtain permission from the County Court to transfer your case. This can be done at the time of you applying for your possession order or afterwards. We recommend getting in touch and seeking legal advice, as an incorrect application at this stage can cause unnecessary delays.
Claims issued in the High Court or those against trespassers do not require permission to transfer to the High Court for enforcement. This process is therefore much quicker and much more streamlined.
Once your possession order has been issued, your Writ of Possession application can be sent to the High Court to be sealed.
A HCEO and their team are then able to act fast to remove trespassers and hand over control of your property to you.
Should I transfer my order?
Acting under the authority of a HCEO and the Writ of Possession, there are more powers available to the enforcement team than if you were to enforce your possession order in the County Court.
In our experience, in large or very complex cases, instructing the services of a HCEO is essential. Their skill set and resources allows them to deal with a larger variety of circumstances, increasing the chances of a successful result.
The turnaround time varies on a case-by-case basis and dependant on the particular Court. A review can be done on the time of instruction.
If you choose to instruct a HCEO, be prepared that it will be more expensive than using the County Court. The feedback from our clients is the increase in cost is usually preferred due to taking back control of your property much sooner.
Commercial Property & Forfeiture
Alternatively, when dealing with commercial property, if your tenant has breached the terms of their lease there may be cause to forfeit the lease and take back your property, without the requirement for Court action.
We represent a number of landlords and insolvency practitioners who have been required to use this procedure and we are more than happy to provide any further advice needed.
Get in Touch
We are confident in our choice of suppliers in their ability to provide you with the best service the industry can offer, increasing your chances of success. Each case however is different and for more advice on enforcing your Possession Order in the High Court, please get in touch with Farleys on 0333 331 5680 or submit your enquiry online.