After the Court Order — and Eviction

The court will generally award the costs of the application for possession against the tenant, 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 assured shorthold tenancy, 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 grounds, 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 tenant is unlikely to pay it.

The tenant should leave the property by the date of possession, but a landlord must apply to the County Court for a Warrant for Possession if they don't. A landlord cannot themselves 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: Request for Warrant of Possession of Land. The form is available from http://www.justice.gov.uk/forms/hmcts.

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 taken place, whether by death or otherwise, in the parties entitled to enforce the judgment or order or liable to have it enforced against them
• under the judgment, any person is allowed to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled. This does not apply where non-compliance with the terms of suspension of enforcement of the judgement or order is the failure to pay money.

In an example relating to this latter bullet point, the landlord takes their tenant to court after a section 8 notice, relying on grounds 10 and 11, both discretionary grounds. The Judge gives a suspended order, and the tenant must pay £X to pay the rent due per calendar month and a contribution towards the arrears. If the tenant fails to fulfil the payment requirement of the suspended order, the landlord can request bailiffs. No court hearing is required. If the breach is non-monetary, the landlord must apply for another court hearing before requesting the bailiffs.

The bailiff usually serves the warrant on the property or the tenant by hand, and the court books a time for the bailiff to return and carry out the eviction. The tenant must be given at least 14 days' notice before the eviction occurs. The landlord should attend so that the bailiff can formally hand over the property and, if necessary, arrange for the locks to be changed. If the tenant still has nowhere to move to, it may be required for the tenant'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.