High Court Enforcement for Eviction Services | 101

Updated: Oct 29, 2020


Eviction is a not a word we particularly like here at Shergroup, but it is something we do in our official capacity as High Court Enforcement Officers.

On a day to day basis we are evicting

  • Tenants who have been made the subject of a high court enforcement of Possession Order – usually in the County Court, high court order to evict tenants.

  • Travelers who refuse to leave sites where they have set up unauthorized encampments

  • Squatters who have set up refuge in disused commercial premises or just ordinary homes

  • Protesters who have set up camps and come together to voice their protest

Eviction of trespassers, squatters and protesters

Tenants

The most frequent high court eviction process we receive is a county court order for possession that gives permission to transfer the judgment to the High Court for enforcement. A claimant will have to persuade a District Judge to use his or her discretion to make the order allowing for the transfer possession order to high court. Often this will be based on the claimant’s need to have the property returned to them as quickly as possible, so they can re-let, or re-develop the property. Eviction services will help landlords evict tenants from residential property, Residential Tenant Eviction by County Court, Bailiff Eviction, Enforcement of possession orders, Eviction notices are sent before responding to a court order for eviction.

Once the county court order is made, permission has to be obtained from the High Court Writ of Possession to be issued. This step offers a breathing space to a person or family who are about to be evicted. They can at least start to pack up their belongings and plan for alternative accommodation. This leaflet from Shelter offers a plan for a person in this situation (see https://bit.ly/2QUpehP).

Travelers

People with nomadic lifestyles can end up in possession proceedings, where they have set up an unauthorized encampment and the landowner wants to move them on. Whilst the police have their own powers to give the same result, they too are under pressure to deliver within the timescale needed by the landowner and so High Court Enforcement Officers are a parallel service.

Some landowners prefer not to go to Court to get an Order for Possession against travelers – and so using common law powers, High Court Enforcement Officers powers swap out to “agents of the landowner” and using their presence and negotiation skills encourage the travelers to leave. This is a far less intense and expensive way to manage the problem of unauthorized traveler sites and possession can be achieved without hours or planned for a specific date.

Squatters