Lawyers for Enforcing Possession Orders
Expert Legal Advice for Enforcing Possession Orders
Enforcing A Possession Order
Are you a landlord struggling to regain control of your property from a non-compliant tenant?
If so, our Solicitors for Enforcing Possession on a Property can help. We specialise in securing possession orders and enforcing them through court bailiffs, ensuring that your rights as a property owner are upheld every step of the way.
These services are essential to get right in residential property management. Incorrect drafting/processes may mean that the landlord is unable to obtain possession and/or arrears and other costs from their tenant.
Landlords cannot legally evict residential tenants unless they have obtained a court order for possession. Once a landlord does have a Possession Order, if the tenant doesn’t move out, that Possession Order ought to be enforced by bailiffs.
We will apply for the “Warrant”, that is the Court’s authorisation and direction to its officers, to enforce the possession order on your behalf; our fee does not include any subsequent litigation support work that may be required, that we will supply at our standard time rates.
Please note that this applies to English properties only. The Renting Homes (Wales) Act 2016 will come into force on 15 July 2022. This Act will fundamentally change the current system for letting residential property in Wales.
How to Enforce a Possession Order
Landlords cannot legally evict residential tenants unless they have obtained a court order for possession. If a tenant fails to vacate the property after a possession order has been granted, it is essential to take the next step and enforce the order. This involves applying for a warrant of possession, which authorises court bailiffs to remove the tenant from the property.
Our team can handle this process for you, ensuring the application is completed accurately and efficiently. Enforcing a possession order involves specific legal procedures, and errors in the process can delay enforcement or lead to additional costs. By working with experienced solicitors, you can rest assured that the process is managed properly.
How Long Does It Take to Get a Bailiff Warrant for Possession?
The timeline for enforcing a possession order varies depending on the court and bailiff availability. Generally, the process for obtaining a warrant of possession can take around seven weeks.
This includes:
- Drafting and submitting the warrant application to the court, which we aim to complete promptly upon instruction.
- Court processing times, which typically take about two weeks.
- Scheduling the bailiff’s enforcement date, which is often at least four weeks from the time the warrant is issued. However, this can vary depending on how busy the court bailiffs are at the time.
The production of the application for the warrant can be undertake in about an hour once we can schedule it in our workflow, that can depend on how busy we are at any particular time.
After this, the application has to be sent to the Court for the Court to process, they often take about a fortnight to do so. Once issued, the date on which the warrant will actually be enforced depends on how busy the Court bailiffs are at a particular time.The date is rarely less than a month after issue, and can be considerably more at busy times.
Our solicitors will keep you informed throughout and ensure the process is as seamless as possible.
Money Matters
This service is for submitting to the County Court an application for a warrant where tenants have refused to comply with a court order to leave the property, and for bailiffs to evict the tenant(s) if necessary.
You will also have to pay the Court fee, see: https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50 of £148, and there may be other costs you should account for, such as changing the locks at the property or arranging a dog-handler if there are dogs at the property. We will advise you on these matters as the situation arises.
Enforcing a Possession Order with Warrant and Bailiff (£350)
For arranging to enforce a Possession Order with a warrant and bailiff’s visit we charge the stated fixed fee. There will also be VAT to pay.
Your supplier is SRA-regulated Mounteney Solicitors, that charges VAT some customers may be able to reclaim.
There is more info about our fees here
If you have any questions, require any further information, or would like to engage us on the T&Cs linked Our Terms in the footer below, please don’t hesitate to Contact Us.
Contact our Possession Order Enforcement Solicitors
Obtaining a possession order is a crucial step but if a tenant still refuses to leave, enforcing that order quickly and correctly becomes essential. At Mounteney, our Landlord Solicitors understand how frustrating and costly delays can be for landlords. That is why our experienced team is here to provide clear, practical advice and robust support to help you recover your property without unnecessary stress.
As a leading firm of solicitors in Stockport, we guide landlords through every stage of enforcement, from applying for a warrant or writ of possession to instructing court bailiffs or High Court Enforcement Officers. Our cost-effective service means you can rely on us to handle the paperwork, deadlines and court procedures properly, reducing your risk of further delays or legal pitfalls.
With offices in Heald Green, Bramhall and Cheadle, our Residential Property Solicitors help residential and commercial landlords across Cheshire and beyond regain control of their property promptly and legally.
If you need help enforcing a possession order or have questions about your options, do not wait for the situation to worsen. Contact our team today for straightforward, expert advice and a swift resolution. Let Mounteney Solicitors protect your property investment with confidence.
Other Services
Register Lease Extension
Possession Proceedings
Section 21 Tenant Eviction
