High Court Enforcement of Writ of Possession
in Huddersfield
Evicting Squatters in Huddersfield
Frank G Whitworth High Court Enforcement Officers were instructed to evict squatters who had taken up occupation in a large office building on the edge of Huddersfield town centre.
The squatters had broken through the front entrance and were smashing the office windows from the inside for entertainment.
Fire extinguishes and office equipment were being used as missiles for mindless entertainment.
The claimant obtained a writ of possession and instructed Frank G Whitworth to enforce the writ.
High Court enforcement agents entered the building and cleared all nine floors of the illegal occupants.
Enforcing a Possession Order in Huddersfield
How it works
A Possession Order is obtained from the County Court to evict persons from a property, premises or land.
Once an Order for Possession is obtained you will more than likely need to enforce this as people will not leave voluntarily.
When a claimant gets an order for possession from the County Court it only entitles them to use County Court bailiffs to enforce the order. However, the Possession Order can usually be transferred to the High Court for Enforcement.
The possession order may be for evicting a tenant or it may be for evicting trespassers, squatters, or unauthorised occupants from your property. This can be a challenging process so using a competent High Court Enforcement officer is key.
Understanding the legal procedures and options available can help expedite the process and reduce stress. Here at Frank G Whitworth High Court Enforcement we specialise in enforcing Writs of Possession to swiftly regain control of your property.
County Court Bailiffs work for the Ministry of Justice. The cost of using these bailiffs is around £140 at the time of writing and they must be instructed via the court that issued your order for possession.
At times, particularly in London and the south east, there can be a waiting list of 13/20 weeks.
Enforcing a Writ of Possession
A faster alternative is to transfer the County Court issued Possession Order to a High Court Writ of Possession.
Private bailiffs working under the direction of a High Court Enforcement Officer are then able to enforce the writ.
A Writ of Possession is the document a High Court Enforcement Officer (HCEO) requires to give them legal authority to use force to gain possession of land or of a building.
Obtaining a Writ of Possession
The process is called ‘transferring up’:
Trespassers
If the claim is against trespassers, then no permission is required from the County Court and it is a straight forward process. Call us now for more details, and a quote in evicting your trespassers or squatters.
Tenants
If the claim is against tenants, before the transferring up process can take place, special permission from the County Court must be obtained under section 42 of the County Courts Act. This procedure can be time consuming and complicated. We believe the quickest and safest way forward is to use a solicitor to gain the permission and at the same time have a Writ of Possession issued.
We have teamed up with a solicitor to undertake the legal work so we can offer a complete service to you.
We will then serve the required notice on the occupant, and then undertake the eviction.
How long does this take?
It is not possible to give an exact timescale.
- The Court application for permission to transfer up and the issue of the writ usually takes around 4 to 6 weeks for the writ to be returned. This can be longer (we have no control of this, and the court will not treat this as a priority).
- We must serve paperwork on the occupiers giving at least 14 days notice of the eviction.
- After the notice has expired the eviction will take place.
How much does it cost?
By teaming up with a solicitor we are able to offer a very competitive fixed fee for the full service providing it meets the criteria.
Our Comprehensive Fast Eviction Service by Writ of possession:
- Court Application: The application for permission to transfer up and issue the writ typically takes 10 to 12 weeks.
- Notice Service: We serve the required notice to the occupants, giving at least 14 days notice of the eviction.
- Eviction: After the notice period, we proceed with the eviction.
Costs
Our fixed fee service is competitively priced at £1381, including VAT. This covers:
- Solicitor fees for uncontested applications
- Administration costs
- Court fees
- Serving the required notice
- The eviction itself
Note: The cost of a locksmith, if needed, is not included.
Additional Service
Collecting Outstanding Rent
This service can be combined with the eviction for an additional £108 (inclusive of vat), making the total £1487 (including vat).
The complete service
At Frank G Whitworth we enforce all writs of possession both residential and commercial, and squatters and protestors.
The cost will depend upon the circumstances of the repossession.
Attending the Eviction
By law we require you or your representative to attend and sign to receive vacant possession of the property or land. For safety reasons the attending person must not take any part in the possession.
How do I instruct you?
Do it on-line by completing the form. Please telephone to discuss pricing options before completing the instruction form.
I have a question
Telephone or email Frank G Whitworth for advice about enforcing a Writ of Possession.
| 0208 106 5397 |
| emailsales@frankgwhitworth.co.uk |
The Professionals
