HCEOs and eviction (Writ of Posession)

[outonmeear]

Hi,

 

I'm currently in the process of being evicted from my rented flat. I contested it for a while as there were plenty of irregularities over the tenancy and the deposit protection, but the landlord got an immediate order for possession about 2 weeks ago now.

 

I was fully expecting him to instruct county court bailiffs right away, but 14 days on, I haven't received a notice of eviction. I rang the County Court Bailliff's office, and they haven't even received an application from the landlord to start that process. I find this a bit strange, I don't understand why he didn't do this right away.

 

I've been reading elsewhere that there's a procedure for possession that involves getting the case moved to the High Court and then instructing High Court Enforcement Officers to carry out the writ. It's my understanding that this is more expensive but much quicker. It's also my understanding that if the landlord goes down this route, I don't get any notice at all until the HCEOs turn up at the door.

 

Is there any way of finding out if this is what's going on here? Is this a common route for landlords to use? Is it true I wouldn't get any notice at all, or any notice that the case was being transferred to the High Court?

 

If I get a few days notice to get my stuff together, then that's fair enough, I'd even send the keys back and save everyone a lot of hassle. What I'm worried about is that I'll just come home one day and find all my stuff on the street. Does anyone think this is likely or have any advice in this situation?

 

Cheers.

[SabreSheep]

Not only that but the LL could bill you his costs for the eviction process.

 

Also remember rent is due upto the point you leave.

 

Was it a section 21 or section 8?

 

Have you approached your LA for housing assistance?

[HCEOs]

OK, the matter can be transferred to the High Court for enforcement purposes only using section 42 of the County Court Act 1984. Your landlord would need to make an application to the court that issued the possession order for leave to use the HCEO under this ruling. If granted, you would be served with a copy of the order allowing the transfer however it has been known for this to arrive after the HCEOs due to delays in postage and landlords demanding the HCEO act quickly.

 

You could ask the issuing court whether your landlord has applied for leave to transfer to the High Court as you are a party to the proceedings.

 

In truth given that the order for possession has been granted you should really be making arrangements ASAP to vacate the property.

[outonmeear]

That's helpful, thanks. It was S21, so no money order. The LA is expecting to see a notice of eviction before they can do anything to help me. I've moved / sold most of my possessions, but I'm hanging in there as I'm going to end up sofa-surfing for a while and I don't want to use up all my favours.

 

I will contact the court, I wasn't sure whether they were obliged to notify me if the case had been sent up to the High Court. I'm just curious if this is actually a common thing for landlords to do (and judges to agree) or if they generally just stick with the county court bailiffs.

[SabreSheep]

A section 21 is the most common way LL do it. Reason being is that as long as the correct amount of notice has been granted on the s21, the judge has no option but to accept unless you are considered vulnerable in which case a 48 day stay can be applied.

 

you now have a court order demanding you leave, take that to the LA and force them to act on it.

[HCEOs]

It has become more common in recent years due to the severe delays of their own bailiffs. Years ago judges were very reluctant to approve a transfer but now they see the reasoning and grant them more readily.

 

It is a bit of a catch 22 as it is only right that the landlord get possession of their property in accordance with the order granted, but the Council's still advise that tenants should remain within the property until the Bailiffs arrive.

[HCEOs]

you now have a court order demanding you leave, take that to the LA and force them to act on it.

 

Easier said then done I'm afraid.

[mikeymack2002]

Please do bear in mind if it is transferred up to the High Court you could be evicted with little or no notice, so be prepared, see HCEO's post #3 you could only get a few hours notice to be gone.

[SabreSheep]

Indeed

Although there is form what I read a lot of grey areas the councils use to their advantage.

 

Just remember to keep paying rent. A section 8 can still be followed which would make LA action to rehouse you unlikely

[mikeymack2002]

If you leave before the HCEO's do their job it could be harder for the LA to help you, but this could also add to your debt as well, so a catch 22 for you, save money and leave or wait the choice is up to you

[caledfwlch]

Which part of a normal high court eviction notice with no order to sieze goods for arears allows the hceo to charge a fee and not let u leave with any of your property despite there being no levy nor attempt to make one as shown on can't pay

[GrumpyToSayTheLeast]

Which part of a normal high court eviction notice with no order to sieze goods for arears allows the hceo to charge a fee and not let u leave with any of your property despite there being no levy nor attempt to make one as shown on can't pay

 

A combined writ for possession and writ of control will allow the bailiff to seize goods.

A writ of possession alone can cause the EA to evict with no notice and almost no chance to collect your belongings if he so wishes. There is no requirement(as far as I am aware) that allows the EA to give time to take possessions out. It's done as an extra, and it's an extra the landlord/property owner pays for by the hour.

A writ of possession on its own does NOT allow them to seize goods. Just to get you out of the property as quickly as possible, as safely as possible and using the least force necessary and then to hand over vacant possession to the Landlord/Property owner/Agent. This can be done so quickly that you fail to collect any belongings.

That said, you SHOULD be given at least an hour or two to remove your things and then be able to arrange to come back at a later date.

[GrumpyToSayTheLeast]

And on a standard eviction with no money order, the instructing client pays the bailiff fees.

[HCEOs]

Standard practice would see the landlord allow the former tenant to return to the property to collect any belongings within a reasonable timescale. This is usually supervised by an EA at a cost to the landlord.

 

Since April 14 if the EA has a combined writ of possession and control he would still need to serve the Notice of Enforcement 7 clear days before any seizure of goods is made. This can complicate and delay any eviction.