Warrant of Possession

Warrant of Possession

A Warrant of Possession is the means by which a Landlord can forcibly evict a tenant if a tenant fails to vacate by the expiry of the Possession order granted by the court.

Mander Cruickshank Solicitors have experts on hand to guide you through this process. A request for a warrant has to have been filed at court together with the appropriate court fee, and the court will issue a warrant number. The warrant number then goes into a queue for the court to make a bailiff appointment. A County Court Bailiff will then attend the property and carry out the eviction.

The Bailiff requires the landlord to complete a risk assessment form, so that any risks that may be encountered at the eviction can be highlighted in advance. The eviction will only go ahead if the risk assessment form is submitted to court in advance of the eviction date.

It is possible to speed up the process by applying for a High Court Bailiff instead of a County Court Bailiff. The waiting period for a High Court Bailiff (also known as the High Court Sheriff) is significantly less than for a County Court Bailiff. In order to apply for a High Court Bailiff the case one a possession order has been secured must be transferred to the High Court.

At the County Court Hearing, once a Possession Order has been granted, the Advocate may ask permission to transfer the case to the High Court. Judges are more likely to agree to this when the arrears are exceptionally high or the tenant is a neighbourhood nuisance. If permission is granted then the case can be transferred, which involves a paper application and a fee.

The High Court route is more costly than the County Court but it’s quicker. The longer the tenant is in the property, the more rent the landlord is losing. So, whenever permission is granted to transfer to the High Court it’s worth weighing up which Bailiff route to go down. Our experts can advise you on what is in your best interests on a case by case basis.

For more information or if you wish to instruct us, please contact c.anderson@mandersol.co.uk.