Evicting someone with a Writ of Possession

A writ of possession can be a great tool for landlords when navigating the challenging aspects of dealing with non-compliant tenants. While eviction is never the ideal outcome, sometimes it can be the only choice to maintain the integrity of your property and the well-being of your rental business.  

This blog will explore the eviction process focusing on the writ of possession, covering everything from how to obtain a writ of possession and the challenges involved as well as how to serve a tenant notice.

What is a writ of possession?

Essentially, a writ of possession is a court order that grants a landlord the right to regain possession of their property from a tenant who has failed to comply with the terms of their lease. 

This legal document is typically obtained after a successful eviction lawsuit. Once the writ is issued, it authorises law enforcement to remove the tenant and their belongings from the premises.

Steps to obtain a writ of possession

If you need to obtain a writ of possession, there are a few steps you must follow first.

Identify the issue 

The process begins when a tenant violates the lease agreement. Whether that’s by failing to pay rent, damaging your property, or engaging in illegal activities, taking note of these issues will help you build up a strong case.

How to serve a tenant notice 

Before you pursue legal action, it is important to understand how to serve a tenant notice. The type of notice and the notice period vary depending on the nature of the violation. 

Give your tenants a Section 21 notice if you want the property back after a fixed term ends. If they have broken the term of the tenancy, give them a Section 8 notice. Make sure to specify the date by which you would like your tenant to leave your property. It’s important to ensure you have tried to resolve matters before serving a notice. It is also advisable to let your tenants know that they can receive free legal advice from the Housing Loss Prevention Advice Service.

Make a possession claim

If your tenant fails to leave by the date specified in the notice, you can apply to the court for a possession order. You will need to submit the necessary paperwork to the court and pay the associated fees. The tenant can submit a defence to the court, asking for extra time to vacate due to extreme hardship. 

If your claim is based on a Section 21 notice, you have used the court’s ‘accelerated procedure’. Once the judge receives all the documents, they can make a possession order without a hearing taking place. If you have issued a Section 8 notice, you will have to attend the court hearing next.

Attend the Court Hearing 

Both the landlord and tenant will receive a court date to present their case. It’s important to be well-prepared with all relevant documentation, including the lease agreement, notices served, and any evidence of lease violations. If the judge rules in your favour, you will be granted a judgement for possession.

Receiving the court order for eviction and requesting the Writ of Possession 

Once you have received the court order for eviction, you can request that the court issue a writ of possession. This document instructs a country court bailiff or high court enforcement officer to enforce the eviction if your tenant does not leave by the date specified in the order. In some circumstances, the tenant can apply to suspend the warrant or writ, which can postpone this process. 

Enforce the Eviction 

Once the writ is issued, the country court bailiff or high court enforcement officer will serve it to the tenant, giving them a final notice to vacate the property. If the tenant does not comply, law enforcement will physically remove them and their belongings. As a landlord, it’s crucial to coordinate with the authorities and ensure the process is handled legally and respectfully.

Challenges and Considerations 

Evicting someone with a writ of possession is a complicated and lengthy process that comes with a range of challenges and considerations. Here are a few things you should consider before going down this route.

Emotional and financial impact 

Evictions can be emotionally taxing for both landlords and tenants. It’s essential to approach the process with empathy while remaining firm and professional. Additionally, the eviction process can be costly, involving legal fees, court costs, and potential lost rent and damaged property.

Legal compliance 

Adhering to legal regulations throughout the eviction process is critical. Failure to comply can result in delays, additional expenses, or even the dismissal of the case. Consulting with a property lawyer can help you navigate the legal complexities involved.

Post-eviction procedures 

After regaining possession of the property, you should inspect the property for damage and determine if repairs are needed before re-renting. Addressing any issues promptly can help minimise further financial losses.

Evicting a tenant with a writ of possession is often a last resort for landlords, but it is sometimes necessary to protect your investment and maintain your property. By understanding the legal process and handling each step with diligence and professionalism, landlords can navigate evictions more effectively. 

For added peace of mind, protect your property with landlord insurance. Get a quote or call us at 01788 818670 today, and we’ll help with all of your insurance needs.