Enforcing Orders for Possession

By R. Crawford

High Court Enforcement Officers are authorised by the Ministry of Justice to enforce orders for possession. High Court Enforcement agencies can enforce possession orders obtained in the High Court and County Court.

Whether you have an order for the eviction of squatters (orders directed to 'Persons unknown') or an order for the eviction of a named tenant, a High Court Enforcement agency can help you secure possession of your property. The agency can also help to recover any sum of money awarded in the original order or under a separate monetary judgment. If you have a County Court order against squatters (an order directed against 'Persons unknown'), a collection agency can transfer the matter for enforcement very easily. All they will need is permission from the issuing County Court using court form n293a. If the order is against a tenant (or named defendant), you will need to apply to the County Court for permission to transfer the case for enforcement purposes under section 42 of the County Courts Act (1984). In either case, it is advisable to contact your High Court Enforcement agency in advance of obtaining the order so that they can provide you with the relevant advice and minimise any delay in the process.

How long will it take to enforce an order for possession?

Once you have obtained the possession order and permission to transfer (form n293a), the agency can arrange for the drafting and sealing of a writ of possession immediately. There is a Central London Judgment Enforcement Office based directly opposite the Royal Courts of Justice. This convenient location means that this agency can process writs for sealing on the day of instruction. They can enforce writs of possession immediately, which means that the collection agency can carry out evictions within 24-48 hours. Please note that it may be prudent in some cases to provide notice to the occupant(s).

What will the High Court enforcement agency do once the writ is obtained?

Once your agency have received the writ, their High Court Enforcement Officers will be dispatched to attend the Defendant's address. They can arrange for a locksmith to attend in order to help gain possession (if necessary) and to change locks. They will require any occupant(s) to leave and will post the relevant notices confirming their instruction and remit. Once vacant possession is obtained the agency will advise their client accordingly. The agency may also make some recommendations in relation to securing the premises on an ongoing basis. Some agencies can provide shuttering and alarm services, through their network of business partners, to help protect premises from unauthorised entry.

To find out more about enforcing orders for possession, or for assistance, call Burlington's Client Service Team on 0845 520 2000 or visit their website - http://burlingtongroup.co.uk/services/judgment-enforcement/enforcement-orders-possession.

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