It seems the end of so-called ‘seven day evictions’ is near and gaining possession of your property may be a lengthier process going forward.
Possession claims are usually made through the county court and the claims are then enforced by county court bailiffs. Unfortunately for landlords, due to a build up of cases and the decline in bailiffs the eviction process can take several weeks.
There is the option for landlord to apply to transfer their case to the High Court in order for a High Court Enforcement Officer to carry out an eviction. This can only be done after a possession order has been devised.
However, the ‘7 day evictions’ do not start on the day the landlord started the process but in fact when the case was transferred to the High Court. The 7 days are set to be increased as the process for securing Writs of Possession has recently been altered which includes a fee of £200 plus two additional aspects to the application process.
The alterations include completing a N244 form and sending this to the issuing County Court to gain permission for a transfer to the High Court. An additional £100 is then requested. If the application is successful and the landlord has been given authorised permission they will need to fill in a PF92 which is an Order for Permission to Issue a Write of Possession in the High Court. All parties must be made aware of this and witness statements will need to be gathered to support this as evidence. This ensures that each party has been given notice and there has been no appeal against this.
Previously tenants did not need to be informed of a landlords intention to continue proceedings at the High Court however this has now changed. It was also brought to court’s attention that incorrect forms were being used in the process. For example, N293A forms were used however, these are only appropriate in cases of trespassing.