Terrible time with council tenant and shock at how law treats landlords15:32 PM, 9th January 2019
About 2 weeks ago 40
The Sheriffs Office has released a short video aimed to encourage private landlords to consider using High Court Enforcement Officers (HCEOs) when they need to remove tenants quickly to prevent further rental income loss, damage to their property or antisocial behaviour.
Evicting tenants from residential property or trying to recover overdue rent from an unwilling tenant needn’t be an ordeal. We have received many reports that suggest that enforcement by a County Court Bailiff can be a slow process. And why wouldn’t it be? They work standard office hours, manage a high volume of work and are limited in terms of how much they are authorised to recover – all of which has an impact on their service timescales.
Most people don’t realise that there is a far speedier alternative; HCEOs. They act under a writ of possession. After obtaining a possession order, you will need to apply for permission to transfer your order up to the High Court, under Section 42 of the County Courts Act 1984, to obtain the writ.
This has recently become much more straightforward; in February of this year the Ministry of Justice issued clear guidance on transferring up possession orders to the High Court under section 42. This is aimed to provide some transparency for judges who may not have been inclined towards granting permissions and, in theory, making them more willing to do so when necessary.
The Sheriffs Office will manage the transferring up process for you and have an excellent track record for enforcing writs quickly and successfully.
If you would like more detailed information around this, we also have an accompanying eBook, which you can download for FREE by completing the form below.
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