Are Warrants of Possession False Economy?

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,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.

What is 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.

Frequently Asked Questions – Writ of Possession & Property Recovery

Q1: What is a Writ of Possession?

A: A Writ of Possession is a court order that a landlord or landowner must possess in order to seek the termination of a tenant’s right to possession of a property. This court order gives the landlord the power to force the tenant to vacate the property. A High Court Writ of Possession specifically gives landlords 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 is issued in favor of landlords and landowners when tenants have violated agreements such as lease agreements, landlord-tenant agreements, or committed breaches of these agreements.

Q2: What is a Writ of Restitution?

A: A Writ of Restitution is issued at the request of the landlord and gives a sheriff, High Court Enforcement Officer, or their agent the authority to post a notice on the tenant’s door. This notice notifies tenants of a certain amount of time to remove their possessions and vacate the property. The Writ of Restitution is typically used when tenants have been evicted but have broken back into the property, or when additional enforcement action is needed to regain possession of a property that has been unlawfully re-occupied.

Q3: What is the difference between a Writ of Possession and a Warrant of Possession?

A: A Writ of Possession is enforced through the High Court by High Court Enforcement Officers (HCEOs), while a Warrant of Possession is enforced through the County Court by County Court Bailiffs. Although a Warrant of Possession costs less at the front end, it can end up being a false economy. County Court enforcement often involves months of waiting for eviction, resulting in significant lost rent for landlords. High Court enforcement through a Writ of Possession provides quicker and more efficient service, making it a better investment despite the higher initial cost. The speed and efficiency of High Court enforcement often saves landlords money in the long run.

Q4: Why is a Writ of Possession considered a good investment?

A: A Writ of Possession is a good investment because it provides quick and efficient enforcement service through High Court Enforcement Officers, avoiding the long delays associated with County Court Bailiffs. While it may cost more at the front end, landlords avoid months of waiting for eviction and the associated loss of rent during delays. Real case examples show landlords waiting months for County Court evictions, losing substantial rental income that far exceeds the cost difference between County Court and High Court enforcement. Additionally, High Court Enforcement Officers often provide post-enforcement security solutions to prevent break-ins, protecting your investment further.

Q5: How long does a County Court eviction typically take compared to High Court enforcement?

A: County Court evictions can involve months of waiting for the eviction to be carried out by County Court Bailiffs, which many professionals find shocking. During this waiting period, landlords continue to lose rent while unable to regain possession of their property. In contrast, High Court Enforcement Officers acting on a Writ of Possession provide much quicker service, significantly reducing the time between obtaining the possession order and actual eviction. The speed difference can mean the difference between losing a few weeks’ rent versus several months’ worth, making High Court enforcement more cost-effective despite higher initial fees.

Q6: What happens if tenants break back into the property after eviction?

A: If tenants break back into the property after eviction, the landlord must go through the whole eviction process again, which compounds the financial losses from lost rent and legal costs. This is why it’s crucial to transfer the possession order to the High Court and use High Court Enforcement Officers who offer post-enforcement security solutions to prevent break-ins. A Writ of Restitution can be issued to deal with tenants who have unlawfully re-entered the property. Working with High Court Enforcement Officers from the beginning helps avoid this scenario through more effective enforcement and preventive security measures.

Q7: Can I transfer my County Court possession order to the High Court?

A: Yes, you can transfer your County Court possession order to the High Court for enforcement. The key is to include in your initial 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 with the “magic wording,” this enables the transfer process. High Court Enforcement Officers like Shergroup can then take care of the formalities and the eviction process. Even if you didn’t include this wording initially, solicitors can advise on transferring existing orders to avoid further delays.

Q8: What is the “magic wording” for transferring to High Court enforcement?

A: The “magic wording” refers to specific language included in your possession claim that requests the County Court to use its discretion to allow transfer to the High Court for enforcement. When the possession order is made with this wording included, it enables High Court Enforcement Officers to help you transfer the order efficiently. Once transferred, the High Court Enforcement Officers take care of all the formalities and the eviction process. It’s important to always include this request in your initial claim for possession to avoid delays and complications later in the enforcement process.

Q9: What powers do High Court Enforcement Officers have that County Court Bailiffs don’t?

A: High Court Enforcement Officers (HCEOs) operating under a Writ of Possession have greater powers and resources than County Court Bailiffs operating under a Warrant of Possession. HCEOs can act more quickly and efficiently to recover property or land on behalf of owners from tenants or trespassers. They typically have more experience with complex evictions, better resources for enforcement, and can provide additional services such as post-enforcement security solutions to prevent break-ins. The enforcement process through HCEOs is generally faster, more professional, and more comprehensive than County Court enforcement.

Q10: When should I use a Writ of Possession versus a Warrant of Possession?

A: You should strongly consider using a Writ of Possession (High Court enforcement) rather than a Warrant of Possession (County Court enforcement) in most eviction cases, especially when time is of the essence and you’re losing rental income. While the Warrant costs less initially, the months of delay typically associated with County Court Bailiffs often results in lost rent that far exceeds any savings on fees. Always include a request to transfer to High Court enforcement in your initial possession claim. The only situations where a Warrant might be suitable are low-value cases where speed is not critical and you can afford extended delays.

Q11: How much rent can landlords lose by choosing County Court enforcement over High Court?

A: Landlords can lose months’ worth of rent by choosing County Court enforcement over High Court enforcement. Real case examples show evictions taking months to complete through County Court Bailiffs. If a property rents for £1,000-£2,000 per month, waiting several months for eviction can result in losses of £3,000-£6,000 or more in lost rent alone. This doesn’t include the additional legal costs if tenants break back in and the process must be repeated. These losses far exceed the difference in fees between County Court and High Court enforcement, making the initial savings on County Court fees a false economy.

Q12: What post-enforcement security solutions are available after eviction?

A: High Court Enforcement Officers like Shergroup offer a range of post-enforcement security solutions to prevent break-ins after eviction has been completed. These solutions help protect your property from unlawful re-entry by evicted tenants, which would otherwise require going through the entire eviction process again. Post-enforcement security measures may include property securing services, monitoring, and rapid response to unauthorized entry attempts. These preventive measures are crucial investments that protect landlords from the significant costs and delays associated with tenants breaking back into properties after eviction.

Q13: What violations warrant seeking a Writ of Possession?

A: A Writ of Possession can be sought when tenants have violated agreements such as lease agreements or landlord-tenant agreements. Common violations include non-payment of rent, breach of lease terms, unauthorized occupancy, property damage, illegal activities on the premises, or refusal to vacate after proper notice. The Writ of Possession is issued in favor of landlords and landowners to terminate the tenant’s right to possession when these violations occur. Trespassers occupying property without any legal right can also be removed through a Writ of Possession obtained through the appropriate legal process.

Q14: Why do solicitors recommend transferring possession orders to High Court?

A: Experienced solicitors like Emily in the case example recommend transferring possession orders to the High Court because they recognize that High Court Enforcement Officers provide quick and efficient service that is a better investment than the County Court system. Solicitors understand that the initial cost savings of County Court enforcement are outweighed by months of delays and lost rental income. They’ve seen cases where clients who refused this advice ended up losing significantly more money through prolonged County Court processes, and then had to transfer to High Court enforcement anyway when tenants broke back in. Professional legal advisors recommend High Court enforcement to protect their clients’ financial interests.

Q15: How can Shergroup Enforcement help with the eviction process?

A: Shergroup Enforcement provides comprehensive assistance with the eviction process as High Court Enforcement Officers. Once you transfer your possession order to the High Court, Shergroup takes care of all the formalities and the eviction process efficiently. They offer quick service that avoids the months of delays typical with County Court Bailiffs. After giving possession, Shergroup provides a range of post-enforcement security solutions to prevent break-ins and unlawful re-entry. Shergroup can also provide advice to help navigate the process from the beginning, including ensuring your possession claim includes the proper wording for High Court transfer. Their fixed fee structure and efficient service make them a cost-effective choice for landlords seeking to recover their property.