Call Us TODAY on 020 3588 4240

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.

 

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.

You Might Also Like

Content Writer​

DISCLAIMER NOTICE |

The following disclaimer applies to Shergroup Limited and its platform, shergroup.com. Please read this notice carefully before accessing or using any information provided on our platform.

  1. No Legal Advice | The information presented on shergroup.com, including but not limited to articles, blog posts, FAQs, and other resources, is provided for general informational purposes only. It is not intended to be, and should not be considered, legal advice. The information provided does not create a solicitor/client relationship between Shergroup Limited and the user.
  2. Not a Substitute for Legal Advice | The information on shergroup.com should not be relied upon as a substitute for obtaining legal advice from a qualified professional. The application of laws and regulations can vary based on specific circumstances, and legal advice tailored to your particular situation is crucial. Therefore, we may refer you to a member of our partner firm -Shergroup Legal – on legal matters or encourage you to take your own legal advice from your preferred advisor.
  3. No Guarantee of Accuracy | While we strive to provide accurate and up-to-date information, Shergroup Limited does not guarantee the accuracy, completeness, or reliability of any information on shergroup.com. The legal landscape is constantly evolving, and laws may vary across jurisdictions. Therefore, any reliance you place on the information provided is at your own risk.
  4. No Liability | Shergroup Limited, including its officers, employees, agents, and affiliates, shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of shergroup.com or any information contained therein. This includes, but is not limited to, any errors or omissions in the content, or any actions taken or not taken based on the information provided.
  5. Third-Party Links | Shergroup.com may contain links to third-party websites or resources. These links are provided solely for convenience and do not imply endorsement or responsibility for the content, accuracy, or legality of such websites or resources. Shergroup Limited shall not be liable for any damages or losses incurred as a result of accessing or using any third-party websites or resources.
  6. Changes to Disclaimer | Shergroup Limited reserves the right to modify or amend this disclaimer notice at any time without prior notice. Any changes will be effective immediately upon posting on shergroup.com. It is your responsibility to review this notice periodically for updates.

By accessing or using shergroup.com, you acknowledge that you have read, understood, and agreed to this disclaimer notice. If you do not agree with any part of this notice, you should refrain from accessing or using shergroup.com.

Last updated | 19 July 2023

Should you have any questions or concerns regarding this disclaimer notice, please contact us at [email protected]