Property law and High Court enforcement

by David Carter on 14 December 2011

High Court enforcement is frequently used by property lawyers as a way of recovering rent arrears, repossessing property, enforcing compulsory purchase orders (CPOs) and removing squatters and trespassers from property and land. High Court Enforcement Officers (HCEOs) can enforce for both commercial and residential property, although the methods used differ.

Commercial property

HCEOs can repossess commercial property under a writ of possession. Once an order for possession has been awarded, it can be transferred up to the High Court for enforcement by an HCEO.

For commercial rent arrears of £600 and above, once a County or High Court judgment has been awarded, it can be transferred up for enforcement by an HCEO under a writ of fieri facias (fi fa). The HCEO can force entry to commercial premises when enforcing a writ of fi fa (as long as there are no residential premises attached).

If rent arrears need to be recovered and the property repossessed, then a single application can be made for a combined writ of possession and fi fa, saving both time and money (there is just one court fee of £60).

Residential property

HCEOs can recover residential rent arrears of £600 and above under a writ of fi fa once the judgment has been transferred up.

Residential repossession is normally done by Court Court Bailiffs (CCBs). However, it can be done by an HCEO under Section 42 of the County Courts Act 1984.

At The Sheriffs Office we are finding that clients are experiencing long delays of up to three months waiting for enforcement by CCBs because of their workload and court closures. Please read my earlier article on how to repossess residential property using S42.

When applying under S42, you can also add a claim for money to the request, so that both rent arrears and repossession can be enforced at the same time under the same writ.

Compulsory Purchase Orders

Once a CPO has been issued and approved by the Secretary of State, the acquiring authority can issue a notice of entry and appoint an HCEO to enter the land and take possession on their behalf.

Evicting squatters and removing trespassers

Although persons can be removed from land under Common Law (see below), the eviction of persons (known or unknown) from property must be under an order for possession. Again, this can be transferred up and enforced by an HCEO.

In some cases of eviction from land, while Common Law is an option, a writ of possession is the preferred route, for example local authorities, where Government guidelines recommend going through the courts, rather than using Common Law.

Certificated bailiffs

Many HCEOs are also Certificated Bailiffs, which means they can also act for property lawyers and their clients under Common Law for:

© Sheriffs High Court Enforcement Ltd. Please contact us to request permission to reproduce this article.
Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.

“As you can imagine, it was quite a traumatic ordeal fighting a county court case that lasted around two years, but when you are convinced you are in the right it is something you must do, whatever obstacles are thrown in your way. Eventually judgment was made in my favour and the court awarded me damages with an order they be paid within 14 days. Needless to say no money was forthcoming and I was unsure what to do next. The court advised I talk to the Sheriff's Office in Croydon, so I did, and that proved a major turning point. The very next morning somebody turned up in Cardiff to meet me and guide me through the options. I duly filled in the paperwork, paid a small legal fee, and within days they were onto the case. Despite encountering various difficulties along the way, the SO kept me regularly updated, both by email and on the phone with regard all actions they were taking on my behalf, For several weeks they worked what seemed like unceasingly on the case, I was amazed when out of the blue they contacted me to say they had successfully collected the money which has now been delivered to me, with interest and full refund of the small legal fee. From the time they were first brought in on the case to money being in my bank account was no more than six weeks. Thank you so much SO – a job well done! A shining example to us all!. Anyone wanting a reference about their work – just ask! ”

Haydn P., Cardiff


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