When instructing High Court enforcement agents to undertake a residential eviction it is important to understand the main restrictions that are set out by law, so that you as a landlord can manage your expectations.
We have put together a handy list so that you can be aware of some of the restrictions which enforcement agents must observe when carrying out residential evictions.
The High Court route to possession
First and foremost, once the permission has been granted and the application to transfer up to the High Court has been approved, the application fee paid of £100 and the N244 form completed, then you’ll need to complete the PF92 with the request that it is sealed at the High Court.
You then request that a writ of possession is issued by completing the PF88 form and pay the court fee of £66.
Finally, you obtain the writ itself by completing form No.66, requesting that it is sealed at the High Court.
Once you lodge the writ with us we will commence enforcement, starting with the sending of the notice of possession. We are required to give the tenant 7 days’ notice. After the 7-day period has expired we can then attend the property to carry out the eviction. There are some exceptions as to when this can take place.
When can’t an eviction take place
As outlined in the HCEOA code of practice
- Evictions cannot take place on Sundays
- Evictions cannot take place on Good Friday or Christmas Day
- Evictions are generally expected to take place between the hours of 6am and 9pm unless specifically stated otherwise on the possession order
- An agent cannot enter a property where the only person present is a child under the age of 16
To find out more about our property services please visit our website or give us a call on 0333 001 5100.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance