HCEO
Possession and eviction
Possession orders enforced under a High Court writ directed to the authorised officer named on it, with the day planned in advance.
A possession order on its own does not remove anyone. It is enforced by a writ of possession from the High Court, directed to a named authorised officer, under which the occupants are required to leave and possession is handed to the claimant. Commercial possession orders transfer up from the County Court without permission. Residential orders need the court's permission under section 42 of the County Courts Act 1984. Trespassers and persons unknown can be dealt with in the High Court directly.
For residential property the occupants get at least 14 days' notice of the eviction under CPR 83.8A. The day is planned with the client, and with the police where a breach of the peace is likely, with locksmiths and contractors booked in advance.
I take the larger evictions, where there is a crowd, a site rather than a house, or a tenant who has already seen off a bailiff, because those are the ones that need the officer named on the writ.
Enforcement
- Commercial rent arrears
Rent recovered from a commercial tenant under the Tribunals, Courts and Enforcement Act 2007, without a court order.
- Forfeiture and re-entry
Peaceable re-entry to commercial premises where the lease allows it, carried out with a locksmith and recorded so that it stands up in court.
- High-value writs of control
Writs of control for judgments of £100,000 and above, against companies with more than one site and more than one kind of asset.
- High-profile cases
Enforcement involving public figures, politically exposed persons or well-known businesses, where reputation and timing matter as much as the writ.
- Foreign judgments
A judgment given outside England and Wales, registered or recognised here and then enforced like any other.