Residential Landlords Services
Repossession Of Residential Property
As a residential landlord wishing to repossess your property, your first step is to get an order for possession. Normally, this would be executed by a County Court Bailiff, but we are hearing from many clients that there are long delays due to their high workload. Under Section 42 of the County Court Act 1984, it is possible to request that a judge transfer the order to the High Court for enforcement by a High Court Enforcement Officer under a writ of possession. It is important that the order is made correctly and the right wording used. If you are owed rent, you can also add a claim for money to the possession order. On receipt of your instructions, Wolf Enforcement Services will respond very quickly to execute the writ in order to ensure that the property is returned to the Landlord’s possession.
ACCELERATED POSSESSION PROCEEDINGS HELP FOR LANDLORDS
Wolf Enforcement Services (“WES”) and Our solicitors have combined to develop a fixed fee scheme for landlords to obtain accelerated possession of properties. Non-payment of rent can be a real drain for landlords and particularly with the current delays through the court system of obtaining possession orders there is a need for landlords to regain possession quickly and efficiently in order that properties can be re-let and income maintained.
Stage 1 - Notices
In order to obtain an Accelerated Possession Order, it is necessary to invoke Section 21 of the Housing Act 1988.
A section 21 Notice can be served at any time by a landlord but it must be in writing. It must give the tenant at least two clear calendar months’ notice to vacate.
We will prepare a Section 21 Notice and effect personal service of the Notice at the property within 48 hours of instruction. Please note that if a Notice is served during the initial fixed term (usually 6 months) then the Notice cannot expire until the end of that 6 month period at the earliest).
Also we are unable to issue a Section 21 more than two months before the end of the Assured Short hold Tenancy period.
If the Notice is served after the fixed term has ended, special attention must be given to the date upon which the Notice expires. It must be the last day of a rent period. This can only be determined by looking at the wording of the Tenancy Agreement.
Stage 2 - Possession Proceedings
Our Legal Team will apply for a Possession Order using the Section 21 accelerated possession proceedings process. If the tenant does not vacate after service of the Section 21 Notice, property possession proceedings must be issued to prevent the landlord facing an unlawful eviction
Stage 3 - Service of the Possession Order
If the tenant still does not vacate, then it will be necessary for the landlord to issue a possession warrant through the County Court or a High Court Writ of Possession.
The extreme delays in the County Court often mean that a possession date can be delayed considerably. Accordingly, this scheme seeks to address those potential delays and include a High Court Writ as part of the possession process.
In order to issue a Writ of Possession, the High Court require evidence of service of the Possession Order. The Possession Order must be served on all occupants at the property.
Stage 4 - Writ of Possession
In order to issue a Writ of Possession there needs to be an application to court for permission to issue the Writ followed by the preparation and issue of the Writ itself.
The fixed fee for issue of the preparation of all necessary documentation and payment of all court fees together with issue of the application at court.
Stage 5 - Execution of the Writ of Possession
Wolf Enforcement Services Ltd will attend the premises as soon as reasonably possible after the Writ of Possession has been issued in order to take possession, and if necessary evict the tenant from the property. Furthermore, we will arrange for a locksmith to attend the eviction in order to secure the property for you and hand the keys to the landlord or the landlord’s agent.
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