When a landlord wants to remove squatters, travellers or demonstrators from their property they have two main options: court action by obtaining the Writ of Possession and Common Law Eviction.
There are two main options for landlords who want to remove tenants from their property: court action with the hope of getting a writ of possession or undertaking common law eviction. In this article, we look at what they each have in store and when one might be better than another depending on your situation as an entrepreneur!
Common law eviction
There are two types of evictions in England, an ordered one through the courts or a common law eviction. The process can start right away by instructing any High Court Enforcement Officer (HCEO) who is also certified to enforce these orders on the spot with little delay for payment obligations if they have been incurred prior!
The law says that if you are in or entitled to possess the land, and someone else wants it too–the person with a better claim has every right to enforce his ownership by requesting them to leave. However, if they refuse then there should be no more force than is reasonably necessary used on them; this includes using any type of legal action at all costs!
The enforcement agent will be at the site to give trespassers 24 hours’ notice before removing them from the property. If they do not leave after this time, their vehicles can also expect an intervention by law officials who are eager for any excuse concerning why it is necessary in order to remove these unwanted visitors!
The police are always on hand to keep the peace, but an EA may request their assistance in preventing a breach. If it looks likely that enforcement will cause serious disorder then they’ll stop things going ahead – no matter who’s requested them or not!
The second drawback to using common law is that it may not be used if the trespassers are residing in a permanent or semi-permanent structure, such as a barn. This does apply for caravans and Halsburys regularly removes travelling people who have become accustomed to this process; however, they will often leave when enforcement agents return instead of being served notice like most others would do so because their lifestyle makes them more resistant than other demographics might otherwise be toward having laws enforced upon them.
High Court writ of possession
Even though the process of getting an order for possession may seem straightforward, there are certain criteria that have to be met in order to accomplish this goal. This can only happen through going into court and filing a claim with either your county or local council’s recorder- Keeper office which it asks if you want permission from them before starting any legal action against someone else over a property dispute
The input was about how people should go after others who possess items they believe belong solely ours; however when discussing locations available at which one might start such actions we felt like adding “online” so as not to leave anyone out since all options exist today via technology.
Court for a possession order
The process of going to court for a possession order is longer than the standard divorce, but an experienced lawyer will make sure that your case gets heard and processed quickly.
Going to court is a tedious process, but it’s worth the wait when you have an expert attorney on your side. A good lawyer who specializes in this area of law will make sure that everything happens quickly and efficiently so don’t worry too much about going through all those steps with them!
The HCEO should be able to get possession orders sooner than later thanks mainly because they’re pros at what they do and if there are any problems along the way their clients can rest easy knowing these guys know how to deal.
We at the Shergroup Team, work quickly and efficiently to get you back in your home as soon as possible. Our experts will help with any situation, no matter how difficult it may seem!
We receive court orders within 48 hours of application so that we can start proceedings immediately- ensuring maximum impact for our clients’ cases.
The advantages of using a writ to enforce an eviction are clear. For one thing, it ensures that you get possession as soon as possible and without any hassle from the tenant who has been warned about their illegal activity by law enforcement or other officials involved in renting out space at your property.
- The writ is a powerful and versatile remedy – it can be used to evict tenants, and gain vacant possession of land or property.
- The HCEO is a law enforcement officer with arrest powers.
- The HCEO has the power to call upon police assistance in order that an emergency law may be enforced. The officers cannot stop them from doing so however they might try!
- The act of resisting the writ is an illegal offence
- Trespassers who refuse to leave your property can be evicted with a simple writ of possession. This gives you time and peace of mind so that the situation doesn’t escalate, ensuring safety for everyone involved.
- When the HCEO removes tenants under a writ of possession, they must go through court for an order. But if there is no one else living in your property and it has been vacant for more than six months before re-occupation by another person or company then you can file this second type called “writs” which allows us to take action without going back into legal proceedings again! The HCEO can remove tenants who are not complying with their eviction under a writ of possession or restitution. This is because it’s an order filed through the justice system and not just paperwork as many people think!
When you hire us to handle the eviction process, our team will take care of everything for you. We’ll give notice and make sure that any necessary repairs or cleanings happen before your renters leave so there are no disruptions in their stay at home! When you’re in the process of being evicted, it’s important for your safety and peace of mind that everything is carried out smoothly. We have all seen what can happen when things don’t go as planned – but with our help, this time around there will be nothing stopping either party from getting their life back!
So, is common law eviction or a High Court writ?
If there is likely to be no resistance from the tenant, for example, if they are travelling on their own property and it’s not necessary that everyone knows about this particular removal process in order for them to move out peacefully then common law evictions can often work best.
The High Court’s remedy of possession is an absolute one and you can be certain that the removal will take place with protection for yourself against any claims. We always recommend using this upon evictions, especially if there are squatters or protesters present on your property at the time of eviction
For more information on how to proceed please contact our team today!
