Irvine Pickett is a Business Development Manager at Court Enforcement Services, the UK’s largest High Court and Commercial Property enforcement company.
Irvine is a specialist in providing recovery solutions to residential and commercial landlords and throughout his 10+ years in the industry he has helped landlords recover their properties, unpaid rent, and other costs.
Below, Irvine shares his top tips for you to add to your eviction toolkit:
It’s always good advice to be in regular contact and communication with your tenant and it goes without saying that your duties as a landlord are set out within various regulations and guides. You may be able to resolve the matter amicably between yourselves without enforcement bearing in mind the delays in the county courts and the length of time the process can take.
2. Ask the Experts
Seek professional help and advice from specialist solicitors and Court Enforcement Services to ensure you are following the correct procedures, you have completed all the required steps and do not fall at the final hurdle and end up back at square one.
3. Keep it Legal
Please do not take the law into your own hands to speed up the process as carrying out an unlawful eviction could leave you in serious trouble and facing arrest, the courts and even imprisonment. Court Enforcement Services provide an eviction service that is lawful, professional, cost effective, fast, and efficient.
4. Seek Leave
Either as part of your possession proceedings or retrospectively apply for leave to transfer the order up to the High Court for enforcement. If you need guidance as to the procedure, ask your solicitor or contact Court Enforcement Services.
5. Avoid Delays
Once you have obtained your Possession Order in the County Court avoid the inevitable delays and transfer up to the High Court for enforcement via Court Enforcement Services to speed up the process and to regain possession of your property as quickly as possible.
Consider whether you want to apply for a joint Possession/Money Order to cover outstanding rent. Remember that should you be applying for a Possession Order you would be asking for rent due up to and including the date of the hearing. It’s good practice to request a daily rate of rent to be awarded for each day that the tenant is in occupation after the order has been granted, this is known as mesne profits. Should you use the accelerated possessions claims procedure, Possession Claim Online (PCOL) then you would only be allowed to claim costs. Applying directly to the court would mean submitting an N5 claim form to the County Court most local to the tenanted property.
7. Sort Your Torts
Ask us to serve a Torts Notice at the time of the eviction alerting the owner of items that have been abandoned on private land or property. If the tenant fails to act within the terms of the notice, you can then remove any items left behind yourself. You would not be permitted to do so if you had not served such a notice. It can be a very good tool to put pressure on tenants who may try to cause further issues and delays.
8. Cover Every Angle
Bear in mind you might need the services of other professionals before and after the property has been taken back into possession such as locksmiths and security services. Court Enforcement Services can help to cover every aspect.
9. Keep it Covered
Once you have regained possession of your property, ensure that the building is insured adequately and the utilities and local authority are contacted and made aware of the position to protect your asset and to ensure you do not become liable for the debts of the former tenant such as council tax and utility bills.
10. Trace and Collect
You may want to consider applying for just a Possession Order, so that you can assess any damage caused to your property (over and above standard wear and tear). Should this be the case, we recommend that you give the tenants 3-6 months in which to re- establish themselves elsewhere and then instruct us to carry out a trace enquiry with a view to suing the tenant for any outstanding rent/costs and to cover the cost of any damage caused.
How Can We Help?
Contact us and discover more about how we can help you to use High Court Enforcement to speed up the eviction process as well as to locate former tenants and recover any monies owed to you:
Call: 01993 220557