Updated: Feb 18
We heard a tale this week from one of our client community which just underlined to us – and we hope all our readers – about why Writ of Possession are such a good investment. And, why Warrant of Possession, while costing less at the front end, can end up being a false economy.
What Is a Writ of Possession and Writ of Restitution?
Writ of possession is a court order a landlord, the landowner must possess, in order to seek the termination of tenant’s right to possession of a property. This writ of possession form or order will give landlord power to force the tenant to vacate the property voluntarily.
High Court writ of possession gives landlord powers to instruct a High Court Enforcement Officer (HCEO) to recover the property or land on behalf of the owner from tenants or trespassers. This Writ of Possession is in favour of landlords, landowners as the tenant might have violated the agreements like lease agreement, landlord-tenant agreement, breach of the lease agreement, landlord-tenant agreement, tenant agreement etc.
Writ of Restitution
Writ of restitution is issued at the request of the landlord. Which gives sheriff or high court enforcement officer or agent to post a notice on the tenant's door by notifying them a certain amount of time to remove their possessions and to vacate the property.
Why Writ of Possession are such a good investment?
Working with one of the favourite solicitors this week, Emily told us that she had advised her client that it would be better to transfer the possession order in her case to the High Court. In Emily’s own words her client “wasn’t having any of it”.
Eviction and Possession Order
Eventually, after months of waiting (which we find shocking), the eviction was carried out by County Court Bailiffs. We dread to think how much rent this poor old landlord has lost as a result of trying to save at the front end of the eviction process by paying our fixed fee. Worse was to come. The tenants have now broken back in. So now the claimant must go through the whole process of eviction again. Emily has advised her client to transfer the possession order to the High Court, so she avoids any further delay. But it doesn’t help with the cost of loss rent that has already been incurred.
So, the moral of this blog post is – always include in your claim for possession, a request for the county court to use its discretion to allow transfer to the High Court for enforcement. When the possession order is made, the “magic wording” will be picked up which enables us to help you transfer the Order. We then take care of the formalities and the eviction process. And once we have given possession we have a range of post enforcement security solutions to prevent break-ins.
Thanks to Emily for recognizing that using Shergroup Enforcement gives quick and efficient service and is a better investment than the County Court system. We are here to help anyone who needs our advice navigate the process.