After the Court Order - and Eviction

The court will typically award the costs of the application for possession against the contract-holder, but they may allow them time to pay if they are on a limited income. A landlord may feel that it is not worth seeking to claim the costs once the property has been recovered if it will be challenging to administer the instalments.

Where the tenancy is an occupation contract, the landlord can continue to accept money from a tenant during the possession process, from service of the notice to eviction.

If possession is ordered on rent arrears, the court will typically order the tenant to pay back the rent owed at a rate appropriate to their circumstances. If asked to consider it, the court may also award a sum to cover the interest on the outstanding rent and the court costs associated with obtaining the order. A landlord will need to consider whether it is viable to chase a debt after the end of the tenancy. It is standard advice to landlords that they may be throwing good money after bad by pursuing the debt if the contract-holder is unlikely to pay it.

The contract-holder should leave the property on or before the date of possession. If the contract-holder doesn't go, the landlord cannot evict a tenant, even if they have a court order. If the tenant refuses to leave after the date specified in the order, a warrant for eviction must be obtained from the court using Form N325.

The time limit to apply for the warrant for possession after the court has ordered possession is six years. That said, an application made as soon as possible is advised to avoid questions over new tenancies having been granted, which could be implied by specific actions. For example, a rent increase after a possession order could be argued that both parties intended to create a new tenancy at the new rent.

Permission from the court to issue the warrant is required in certain circumstances, including:

• six years or more have elapsed since the date of the judgment or order
• any change has occurred, whether by death or otherwise, in the parties entitled to enforce the judgment or order or liable to have it enforced against them,
• the order is suspended on any ground other than payment of rent.
• under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled (other than where non-compliance with the terms of suspension of enforcement of the judgment or order is the failure to pay money).

In an example relating to this latter bullet point, the landlord takes their contract-holder to court after a breach of a contract notice, relying on rent arrears (below two months, which is discretionary). The Judge gives a suspended order, and the contract-holder must pay £X to pay the rent due per calendar month and a contribution towards the arrears. If the contract-holder fails to fulfil the payment requirement of the suspended order, the landlord can request the bailiffs; no court hearing is required. If the breach is non-monetary, the landlord must apply for another court hearing before asking the bailiffs.

The bailiff typically serves the warrant by hand, and the court books a time for the bailiff to return and carry out the eviction. The contract-holder must receive at least 14 days' notice before eviction. The landlord should attend so the bailiff can formally hand over the property and arrange to change the locks. If the contract-holder still has nowhere to move to, it may be necessary for the contract-holder's possessions to be retained for a reasonable time until they can be collected or disposed of. If the eviction doesn't occur when planned, the bailiff must provide further notice of at least seven days.

The landlord may wish to advise the tenant to apply to the local council's homelessness services, which may assist with storing the possessions and temporary or permanent accommodation. That means the landlord can arrange for the property to be re-let.

In certain circumstances, it may be possible to employ the services of a High Court Enforcement Officer. However, the procedure can be complex, lengthy and expensive. Such a decision will generally depend on the length of time a County Court bailiff is likely to take to attend. Permission from the County Court is required to transfer the possession claim to the High Court, which isn't often forthcoming.

Where the County Court bailiff will take six weeks or less, that is usually the best route to follow. If, however, they might take longer, then consideration could be given to the more expensive alternative way.

You can contact the County Court bailiff before deciding to get an estimated attendance time.

It is possible to apply for permission to transfer to the High Court while making a claim, reducing the time considerably. Seek professional legal advice if this is something you wish to do.