Obtaining a Writ of Possession through the High Courts
When instructing an High Court Enforcement Officer & Enforcement Agents to undertake a Residential Eviction, it is important to understand the restrictions that are set out by law, so that we as an High Court Enforcement Agency and you as the Landlord or Agent, meet the Expectations of the Guidelines for transferring the Enforcement from the County Court to the High Court.
We have put together this handy guide to make you aware of some of the restrictions which Enforcement Agents must observe when carrying out Residential Evictions.
The High Court Process
Application needs to be made to the County Court for permission to Transfer Up the Order of Possession to the High Court; this can be applied for at the time of the initial Possession hearing.
If the Transfer Up has not been initially granted at the Possession hearing, an application can be made to the issuing Court by completing an N244 form along with £100 payment of the application fee.
Once permission has been gained to Transfer Up, you are then required to make an application for permission to Seal a Writ of Possession. To do this another N244 form needs to be completed, along with payment of a further £100 application fee and completion of a PF92 to request that the Writ is sealed at the High Court
You then request that a Writ of Possession is issued by completing the PF88 form and pay the £66 Court Fee. a final form (No.66) needs to be completed and submitted to the Court requesting the Writ is sealed at the High Court, these can be submitted at the same time.
Once you have sent us the Writ; we will commence enforcement, starting with the sending of the Notice of Possession. We are required to give the tenant 7 days’ notice. After the 7-day period has expired we can then attend the property to carry out the eviction.
There are some exceptions as to when this can take place.
As outlined in the HCEOA code of practice:
- Evictions cannot take place on Sundays
- Evictions cannot take place on Good Friday or Christmas Day
- Evictions are generally expected to take place between the hours of 6am and 9pm unless specifically stated otherwise on the possession order
- An agent cannot enter a property where the only person present is a child under the age of 16
At Wolf Enforcement Services, we make sure that the whole process is followed to the letter and prescribed forms are used; we ensure that we will be 100% compliant at all times.
For help and advice on how Wolf Enforcement Services can help you recover those unpaid debts, give us a call today on 0333 772 0179 or email email@example.com