Fair Rents (Scotland) Bill or Artificial state manipulation of free market rent?10:34 AM, 6th November 2020
About 4 weeks ago 36
In my earlier post on speedy evictions I talked about how High Court Enforcement Officers (HCEO) can be a fast alternative to County Court bailiffs (CCB) for enforcing a possession order.
We EVEN find that many property solicitors are not aware of this option, and those that have heard of it have been put off by the inconsistency of the courts in transferring it to an HCEO for enforcement.
There isn’t an automatic right to transfer the possession order to the High Court for enforcement – although I think there should be. You need to apply under Section 42 of the County Courts Act 1984 and it will be up to the Judge to decide whether to allow it.
In our experience there are 3 key factors in getting approval:
1. Request the transfer in your initial application for possession
2. Give the reason for the transfer – for example CCB delays, risk to the property, loss of income
3. Use the right wording
Our experience shows that asking permission at the initial application has far better results than doing so after the order has been granted. So much so that almost all applications under S42 at this stage are granted.
It you would like help – or you would like your solicitor to find out more about using S42 – please contact us using the form below for advice on what approach and wording works in our experience.
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