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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Possession by hceo

Customer Question

County court issued possession order to vacate by 03 December. It shows on line case transferred to high court. Will High court enforcement officers serve a notice and if so for how many days. What is the minimum time I have to vacate and can I have it delayed. Claim is that no rent paid for 12 months. Fact is the landlord was in jail and he had rent collected overseas which judge did not accept. I was not present or represented in court.

Also any lawyer /barrister recommended in Watford for such matters
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
Hello, thanks for your question. My name is Tony, I can assist with this.

The HCEO will now seek to enforce a warrant of possession (or writ of possession) which will allow him to forcibly remove you from the property. If the Court has ordered you out by 3 December, then the HCEO will be able to force you out by 4 December.

Landlords generally transfer to the High Court for enforcement as the HCEO's are much quicker than the Bailiffs in the County Court. They are usually much more effective too.

If you want to apply to stay the enforcement then you need to make an application using Form N244. There are no particular solicitors I would recommend in Watford, any solicitor should be able to assist you with doing this.

Tony
Customer: replied 3 years ago.
I was reading that HCEO gives a notice of at least 3 days for eviction or possession of property? Is that not so?
Expert:  tdlawyer replied 3 years ago.
No, they do not have to give that notice, which would in practice have the effect of extending the date of the Court order.

If the Court has ordered you out by 3rd Dec, then the HCEO can immediately seek to force you out after time given by the Court expires. There is no requirement for a HCEO to give notice.

Bailiffs tend to give notice, and can be slower and less efficient.

There was talk about a change in the law to formally given notice, but that has not been implemented, and it remains that there is no requirement to give notice. You should be aware, however, that HCEO's are all different, working for different companies, and do not do things in one uniform way. Some might, therefore, give notice, but this depends normally on the instructions they receive from their clients (the person with the Order for possession). They do not have to give notice though.

Tony