Enforcement of a possession order: How it normally works…
Once a possession order has been served, if the defendant does not vacate the premises by the date of possession in the order, and no appeal has been lodged, the order for possession is enforceable by either of the following:
- A warrant of possession in the County Court
- A writ of possession in the High Court
The claimant will usually seek to enforce an order for possession in the same court the order was obtained in, but it is possible to transfer the order to a different court.
As established in the case of R v Wandsworth County Court, ex p Wandsworth LBC [1975], a possession order can be enforced against anyone found at the property, even if this person was not a party to the proceedings.
However…
From 20 September 2020, CPR 83.8A and amended CPR 83.13 made significant changes to how a possession order must be enforced, including a requirement under CPR 83.8A to provide occupiers with notice of eviction.
COVID-19 & restrictions on enforcement
As a result of the Coronavirus pandemic, measures have been introduced to prevent the enforcement of possession orders, subject to certain exemptions.
Previously, in England, there existed regulations to prevent attendance at a dwelling house for the purpose of executing a writ or warrant of possession or delivering a notice of eviction, except in a number of specified circumstances. These restrictions came to an end on 31 May 2021, however, bailiffs have been asked not to carry out residential evictions after this date if anyone living in the property has COVID-19 symptoms or is self-isolating.
In Wales there existed similar regulations until 30th June 2021.
According to CPR 83.3(3), a warrant or writ of possession will be valid for a period of 12 months. Therefore, a claimant may need to apply for an extension of the warrant or writ (pursuant to CPR 83.3(4)) if they have been unable to enforce the warrant or writ due to the restrictions on enforcement.
For further guidance on enforcement, please contact us on 0203 627 9727 or drop us an email at info@hillarycooperlaw.co.uk and a member of our client support team will book you in for a free 30-minute initial consultation with one of our highly qualified solicitors.
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