As High Court Enforcement Officers, Chartsbridge are able enforce possession orders issued in either the County Court or High Court in England and Wales.
In the first instance you will need to obtain a Possession Order from the County Court for the defendant to provide vacant possession of your property by a set date. If you do not have a Possession Order, we would encourage you to seek independent legal advice to ascertain how you can obtain this.
Need to enforce a possession order?
What to do once you have obtained a Possession Order
Once you have obtained a Possession Order and the defendant has not vacated the property by the time specified on the Order, you may be able to apply to the same County Court for permission to transfer the Possession Order to the High Court to be enforced by High Court Enforcement Officers by way of a Writ of Possession. These applications are made under Section 42 of the County Courts Act 1984. Notice must be given to the defendants, tenants and to any occupiers of the premises subject to the Order.
If consent has not already been granted at the time of the initial Possession Hearing and is not included on the Possession Order, then consent can be granted following a separate application. In accordance with Partridge v Gupta (2017) EWHC 2110 (QB), any persons who may be in occupation of the property must be informed about the transfer up to the High Court and of the intention to issue a Writ of Possession.
If permission has already been granted at the initial Possession Hearing, notice must be sent to the defendant and occupiers of the intention to issue a Writ of Possession (typically this is a seven working day notice).
Once permission has be granted by the County Court, a final application is made to the High Court to issue the Writ of Possession.