Writ of Possession (Property / Land)
A writ of possession is issued by the High Court once an order for possession of property or land has been granted.
Many landlords have begun to enforce possession orders using writs of possession instead of warrants of possession due to the lengthy process and loss of rent incurred when appointing the County Court Bailiffs.
A High Court Enforcement Officer (HCEO) can be instructed to enforce a possession order obtained in the County Court or High Court.
In cases where there are squatters or trespassers (unknown persons) occupying the property illegally, and you have obtained a possession order, you can instruct an HCEO to enforce the order and evict the occupants. The process is relatively simple and can be done in a matter of days.
In the case where a landlord has obtained a possession order against a residential tenant, the process can be slightly more complicated. Leave of the Court (permission) needs to be sought to transfer up an order for possession to the High Court for enforcement purposes. It’s important to note that leave to transfer is not always granted. Please see our residential eviction page for more info.
A writ of possession is sometimes combined with a writ of control allowing enforcement and seizure of goods at the same time. An example of this would be where the possession order includes rent arrears.
Enforcement Group can assist with seeking permission to transfer up or if you have already been granted permission, transferring up a possession order to the High Court for enforcement.