High court eviction

Sarah1212

Hello,

I've posted another thread earlier today but I have another question which I think would be more suited to this board.

I am being evicted from my privately rented home. I have received a possession order from the court giving me until the 23rd to leave the property.

There was a section of the letter I was unsure about the meaning of which says "The claimant has permission to enforce the possession order pursuant to S42 CCA 1984". After doing some googling I've found out this means my landlord has permission to instruct the high court bailiffs to evict me.

I've been trying to find more information about this but am struggling to find the details of it online, or maybe I'm just not able to make proper sense of all the legal jargon.

From what I understand having done some googling, an eviction carried out by the high court requires no notice to be given to the tenant, and only the application for a writ of possession. I'm wondering if this then means that my landlord would be able to apply for a writ of possession prior to the 23rd and therefore be able to evict me on that exact date, or if he needs to wait until this date to apply for the writ of possession?

If he does go down the route of using the high court bailiffs, does anyone know how long this process would take? I understand the high court is much faster than county court, but is there a minimum time it could take? I've been offered the possibility to temporarily stay with my mum, but that wouldn't be possible until next weekend at the very earliest and I'm worried about the possibility of being evicted before that.

Thank you for the advice,
Sarah

[Deleted User]

You could write to the LL saying that you understand you are being evicted, to aid you in making sure the property is empty of your items, you are asking how they are going to proceed with the repossession of the property.

You can also get advice from Shelter.

worried_jim

I'd also watch some episodes of can't pay we'll take it away. Loads of high court evictions on there, I don't think they give any notice and can enforce at anytime once the order has been signed. Hour to pack your bags and then they change the locks.

Wanderingpomm

You could explain to the LL via letter you will be out on the 26th and hope he tells the HEC agents to come after this but if he’s been to court I imagine he’s been asking you to leave for a while,
How you been to the council?

You need to pack up today as they may come on the 23rd

HampshireH

Be prepared to leave.

I expect you have had plenty of notice over the last few months so this can't have come as a complete surprise.

Pack your stuff up. Find somewhere to store it

AdrianC

It sounds harsh, but HampshireH has it.

When did you first receive notice from your landlord?
What grounds has the possession been granted on?

IIWY, I'd be getting as much of your stuff out of there ASAP, even if you have to put it into temporary storage. You moving is inevitable and imminent. Why make it harder than it has to be?

Yes, you could ask your landlord to give you a few more days, but frankly I suspect he'll find it difficult to take your word at face value at this stage in the whole shenanigans.

2bFrank

Using a high court bailiff for an eviction is costly to the Landlord, with the possibility of never getting to reclaim that money back. If your landlord does this they will be desperate to get the property back from you.

High court bailiffs are usually next day, so if they apply on the 23rd, you will prob get evicted on the 24th. You have an hour to pack up your things and leave the property (technically they don't have to give you any time). I would be packing up now and getting as much out as you can. If you leave stuff in the property, you have to make arrangements with the bailiffs to return, which can cost a couple of hundred £££.

Best thing to do is clear out the property so the only thing you have is an overnight bag and live out of that until you get evicted, and you can simply and quickly pack up then take the notice to the council if thats your plan.

John_G_Jones

If I’d got to the high court stage then I would most definitely not delay for a second more than ai had to and absolutely would not give the tenant notice.

By that point I’d know that any hope of an amicable agreement to end the tenancy had long gone and my main concern would be having the eviction proceed as easily as possible. Delaying or giving notice at that point would feel like shooting myself in the foot by giving them a chance to start getting awkward, arranging to have friends in, damaging locks etc.

So, as above, get moving your things out now and keep a bag with your essentials packed.

babyblade41

As above..you would have had plenty of time to sort things, and after being a LL where I have done this, although not high court as our local bailiff officers could do it very quickly, it appears you have been asked through proper procedures and now he/she wants the property back

Being a good LL and good tenant is a two way street and to have to get to this point I would imagine it's time to leave and find somewhere else

tacpot12

Do you have any children who live with you? If so, the High Court Bailiffs will give you paperwork that confirms you have been evicted, and which you can show to the council. If you meet the council's criteria, they will provide you with emergency accommodation. This might cover you until you can move in with your Mum.

Comms69

worried_jim wrote: »

I'd also watch some episodes of can't pay we'll take it away. Loads of high court evictions on there, I don't think they give any notice and can enforce at anytime once the order has been signed. Hour to pack your bags and then they change the locks.

The law has changed.

They must give notice.