High Court Enforcement for Eviction Services | 101

Frequently Asked Questions – Eviction Types & High Court Enforcement

Q1: What types of evictions does Shergroup handle as High Court Enforcement Officers?

A: While eviction is not a word Shergroup particularly likes, it is something they do in their official capacity as High Court Enforcement Officers. On a day-to-day basis, Shergroup evicts: tenants who have been made the subject of a Possession Order (usually from the County Court), travelers who refuse to leave sites where they have set up unauthorized encampments, squatters who have set up refuge in disused commercial premises or ordinary homes, and protesters who have set up camps to voice their protest. Each type of eviction requires different approaches and legal frameworks, from court-ordered writs to common law powers, depending on the circumstances.

Q2: How does the tenant eviction process work through the High Court?

A: The most frequent eviction Shergroup receives 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 their discretion to make the order allowing for the transfer. Often this will be based on the claimant’s need to have the property returned as quickly as possible so they can re-let or re-develop the property. Once the county court order is made, permission must be obtained from the High Court for a Writ of Possession to be issued. This step offers breathing space to a person or family about to be evicted, allowing them to pack belongings and plan for alternative accommodation.

Q3: What are unauthorized traveller encampments, and how are they handled?

A: 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. While the police have their own powers to achieve the same result, they too are under pressure to deliver within the timescale needed by the landowner, so High Court Enforcement Officers provide a parallel service. Some landowners prefer not to go to Court to get an Order for Possession against travellers. Using common law powers, High Court Enforcement Officers can act as “agents of the landowner,” using their presence and negotiation skills to encourage travelers to leave. This is a far less intense and expensive way to manage unauthorized traveller sites, and possession can be achieved within hours or planned for a specific date.

Q4: What is the difference between a court-ordered eviction and a common law eviction?

A: Court-ordered eviction requires obtaining a Possession Order from the court, then a Writ of Possession from the High Court, providing legal authority and protection against accusations of wrongful eviction. Common law eviction can be used for commercial premises and unauthorized encampments without going to court, with High Court Enforcement Officers acting as agents of the landowner using their presence and negotiation skills. However, if property has a residential element (such as a pub with a flat upstairs), Shergroup doesn’t recommend using common law eviction. They prefer to work under the authority of a Writ of Possession to protect both themselves and their clients from accusations of wrongful eviction.

Q5: Can squatters be evicted from commercial premises without a court order?

A: Yes, squatters can be evicted under common law from commercial premises such as warehouses, offices, railway arches, community centers, and schools without obtaining a court order. This type of trespasser falls under the same approach as travelers, with High Court Enforcement Officers acting as agents of the landowner. However, if the property has any residential element (such as a pub with a flat upstairs), Shergroup does not recommend using common law eviction. In residential situations, they prefer to work under the authority of a Writ of Possession from the High Court to ensure legal protection and avoid any accusations of wrongful eviction for both the enforcement officers and the client.

Q6: How are protester evictions different from other types of evictions?

A: Protest situations are much less common but offer interesting projects that must be solved in the civil, rather than criminal arena. The police are heavily involved with these projects, but it is the Authorized High Court Enforcement Officer, whose name is on the Writ of Possession, that ultimately carries the responsibility for the enforcement of the Order and the safety of everyone on the site. Protesters are well known for putting themselves and others in jeopardy by building tree-houses, tunnels, and other structures such as tripods, where they prevent easy access and slow up the eviction process. These complex situations require intense planning, detailed risk assessments, and coordination with multiple stakeholder agencies.

Q7: What is a Compulsory Purchase Order (CPO) and how does it relate to evictions?

A: A Compulsory Purchase Order (CPO) is occasionally issued by a local authority or other government agency to acquire land or property for public projects. Over the years, Shergroup has carried out some ground-breaking evictions relating to CPOs, including the building of the Olympic Village in Stratford, London, and road clearance projects such as the M11 Link Road and the Bexhill-Hastings Link Road. Each CPO project has its own risk assessment and method statement and requires intense planning and preparation by all the stakeholder agencies. These are typically large-scale, complex projects that may involve multiple properties and occupants being relocated to make way for major infrastructure or development projects.

Q8: Why do landlords prefer High Court enforcement over County Court bailiffs?

A: Landlords often persuade a District Judge to transfer their County Court possession order to the High Court because they need the property returned as quickly as possible so they can re-let or re-develop it. High Court Enforcement Officers provide faster, more efficient service compared to County Court bailiffs, who can take months to schedule evictions. The High Court enforcement process, while requiring an additional step to obtain the Writ of Possession, ultimately results in quicker possession and return of the property. This speed is crucial for landlords who are losing rental income or cannot proceed with planned development until the property is vacant. Eviction services help landlords evict tenants from residential property more efficiently.

Q9: What breathing space do tenants have once a Writ of Possession is issued?

A: Once the county court order is made and permission is obtained from the High Court for a Writ of Possession to be issued, this step offers 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. Organizations like Shelter offer guidance and plans for people in this situation, helping them understand their options, access emergency accommodation, and prepare for the eviction. While this breathing space is limited, it provides a crucial window for families to organize their affairs and minimize the disruption of the eviction process.

Q10: What safety considerations are involved in protester evictions?

A: The Authorized High Court Enforcement Officer, whose name is on the Writ of Possession, ultimately carries the responsibility for the safety of everyone on the site during protester evictions. Protesters are well known for putting themselves and others in jeopardy by building tree-houses, tunnels, and other structures such as tripods that prevent easy access and slow up the eviction process. Using considerable risk assessment experience, Shergroup offers advice and support to all clients to achieve a safe and satisfactory outcome for all parties involved. Each project has its own risk assessment and method statement with intense planning and preparation. For significant projects, Authorized High Court Enforcement Officer Mrs. Claire Sandbrook asks to be included in discussions to ensure safety and risk assessment has been carried out in line with insurance requirements.

Q11: What types of commercial premises can squatters occupy?

A: Squatters can occupy various types of commercial premises including warehouses, offices, railway arches, community centers, and schools. These are disused or vacant commercial properties where squatters set up refuge without authorization. Unlike residential properties where squatting is a criminal offense, commercial property squatting falls under civil law and can often be resolved through common law eviction without requiring a court order. However, any property with a residential element—even commercial properties with residential components like a pub with a flat upstairs—should not be handled through common law eviction and requires a proper Writ of Possession to ensure legal protection.

Q12: How quickly can unauthorized traveler encampments be cleared?

A: When using common law powers and High Court Enforcement Officers acting as agents of the landowner, unauthorized traveler sites can be cleared within hours or planned for a specific date. This is a far less intense and expensive way to manage the problem compared to going through court proceedings, which can take weeks or months. While the police have their own powers to move travelers on, they are also under pressure to deliver within the timescale needed by landowners. High Court Enforcement Officers provide a parallel service that can be faster and more flexible, using presence and negotiation skills to encourage travelers to leave voluntarily before formal enforcement becomes necessary.

Q13: What role does risk assessment play in Shergroup’s eviction services?

A: Risk assessment is fundamental to all of Shergroup’s eviction services. Each project has its own risk assessment and method statement requiring intense planning and preparation by all stakeholder agencies. Using their considerable risk assessment experience, Shergroup offers advice and support to all clients to achieve a safe and satisfactory outcome for all parties involved. For significant projects, Authorized High Court Enforcement Officer Mrs. Claire Sandbrook personally asks to be included in discussions to ensure she is satisfied that the safety and risk assessment has been carried out in line with insurance requirements. This comprehensive approach to risk management protects everyone involved—enforcement officers, occupants, clients, and the public—while ensuring legal compliance.

Q14: What were some of Shergroup’s ground-breaking eviction projects?

A: Over the years, Shergroup has carried out ground-breaking evictions for major infrastructure projects including the building of the Olympic Village in Stratford, London, for the 2012 Olympics; the M11 Link Road project which involved clearing protesters and occupants from the route; and the Bexhill-Hastings Link Road project. These large-scale Compulsory Purchase Order (CPO) projects required coordination with local authorities and government agencies, involved complex protester situations with tree-houses and tunnels, demanded extensive risk assessments and method statements, and required intense planning and preparation by all stakeholder agencies. These projects demonstrate Shergroup’s capability to handle the most complex and high-profile eviction situations.

Q15: What is wrongful eviction and how does Shergroup avoid it?

A: Wrongful eviction occurs when someone is removed from a property without proper legal authority or through improper means. This is why Shergroup prefers to work under the authority of a Writ of Possession for any property with residential elements, rather than relying on common law eviction powers. By ensuring proper legal authorization, they cannot be accused of wrongful eviction, and neither can their clients. Wrongful eviction can result in serious legal consequences including criminal charges under the Protection from Eviction Act 1977, civil liability for damages, and compensation claims from the wrongfully evicted person. Working within proper legal frameworks protects everyone involved and ensures evictions are carried out lawfully and professionally.

Q16: How does Shergroup coordinate with police during evictions?

A: During protester evictions and other complex situations, police are heavily involved with these projects. However, it is the Authorized High Court Enforcement Officer, whose name is on the Writ of Possession, that ultimately carries the responsibility for the enforcement of the Order and the safety of everyone on the site. Police provide support for maintaining public order, handling any criminal matters that arise, ensuring public safety around the eviction site, and assisting if situations become confrontational. This partnership between High Court Enforcement Officers and police ensures that evictions proceed safely and lawfully, with clear lines of responsibility and coordinated planning between civil enforcement and law enforcement agencies.

Q17: What qualifies as a residential element that requires court authorization?

A: A residential element includes any property or part of property where someone lives or has the right to live. Examples include private homes, flats and apartments, housing association properties, and mixed-use properties like a pub with a flat upstairs or a shop with living quarters. If property has any residential element, Shergroup does not recommend using common law eviction. They prefer to work under the authority of a Writ of Possession from the High Court to protect against accusations of wrongful eviction. This is because residential property has stronger legal protections under the Protection from Eviction Act 1977, and unlawful eviction from residential property can result in criminal charges, making proper legal authority essential.

Q18: How does Shergroup handle the negotiation aspect of evictions?

A: When acting as agents of the landowner under common law powers (for travelers and commercial squatters), High Court Enforcement Officers use their presence and negotiation skills to encourage occupants to leave. This approach is far less intense and expensive than court proceedings and formal enforcement. Shergroup’s experienced Business Solutions Advisors help clients plan projects in detail, considering all options for resolution. The negotiation approach aims to achieve voluntary departure where possible, reducing conflict and trauma for all parties, minimizing costs and time for landowners, and avoiding the need for forcible removal. This professional, skilled negotiation draws on years of experience in dealing with various eviction scenarios.

Q19: What planning is required for complex eviction projects?

A: Complex eviction projects, especially those involving protesters or Compulsory Purchase Orders, require intense planning and preparation by all stakeholder agencies. This includes detailed risk assessments and method statements for each project, coordination with police and other emergency services, assessment of protester structures (tree-houses, tunnels, tripods), planning for safe removal of occupants from dangerous positions, insurance requirement compliance verification, involvement of Authorized High Court Enforcement Officer Mrs. Claire Sandbrook in significant projects, contingency planning for various scenarios, and resource allocation including personnel, equipment, and support services. Shergroup’s Business Solutions Advisors work with clients to plan projects in greater detail, ensuring all aspects are considered before enforcement begins.

Q20: How can landlords or landowners instruct Shergroup for eviction services?

A: To use Shergroup Enforcement to enforce your next possession instruction, you can instruct them using their online form for possession orders and CPOs. Their experienced Business Solutions Advisors will be able to answer your queries and help you plan out your project in greater detail. For tenant evictions, you’ll typically need a County Court possession order that has been granted permission for transfer to the High Court. For travelers and commercial squatters, Shergroup can discuss whether court authorization or common law eviction is more appropriate. For complex projects involving protesters or Compulsory Purchase Orders, Authorized High Court Enforcement Officer Mrs. Claire Sandbrook will ask to be included in discussions to ensure proper safety and risk assessment has been carried out in line with insurance requirements.