Eviction can be undertaken for a multitude of reasons including immigration status, an act of trespass, non-payment of rent or mortgage, expiry of a license, lease or loan and for various other breaches of a contractual agreement. Most evictions are undertaken following a court Order for possession but we will also explore exemptions to the Protection from Eviction Act 1977.
Writs of possession, assistance, sequestration and restitution are issued to High Court Enforcement Officers, who typically delegate their powers to certificated enforcement agents. The relevant Writ can be issued immediately after a certificate under CPR 83.13(6) has been filed for Orders issued in the High Court. If the proceedings have been issued in the County Court; permission must be obtained to transfer enforcement to the High Court under Section 42 of the County Courts Act 1984. The only exception are possession proceedings against trespassers, which can be transferred by certificate N293a providing that it has been less than 3 months since the Order was made. If it has been more than 3 months; permission of the court is required to issue the Writ. Such permission applies to the issue of a Writ in aid of a Writ of possession, including enforcement of an injunction breach and a Writ of restitution.
Once the Writ has been issued by the High Court or District Registry; our agents serve 14 days’ notice of eviction in accordance with rule 83.8A and proceed to execution at the advertised time. Notice is not required in the case of trespassers that entered the land unlawfully and applications can be made to dispense with notice.
Halsbury’s law on trespass states “If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave may remove him from the land using no more force than is reasonably necessary. However, if a trespasser enters with force and violence, the person in possession may remove him without a previous request to depart”.
In practice, this typically applies to trespassers on land since those occupying buildings will often cite the Criminal Law Act 1977, Section 6 as a law protecting them from eviction. Our agents can serve notice and evict such trespassers.
Mostly applied when an excluded license has been terminated in a variety of accommodation including temporary hostels, care facilities and resident landlord. More recently enforcement of a notice under Section 33D of the Immigration Act 2014 can be undertaken without a court order. We will serve any required notices and apply for any such Writ required to undertake a peaceable eviction.
