Marston finds solutions for landlords facing challenging circumstances. As well as enforcing Writs of Possession, these solutions include assistance with gathering evidence, filing and issuing claims and process serving. For landlords seeking a possession order, Marston can offer a referral to an expert solicitor to guide them through the process. Landlords can also be guided through the process of giving the correct notice to the relevant parties. If a tenant chooses not to leave, Marston can help with the relevant court procedures to obtain a Writ of Possession from the High Court. This then allows Marston to use the powers of High Court enforcement to help with the eviction process, should this be necessary.
Please complete the form below and a member of our specialist team will be in touch with you. If you require help filling up the form or have any other type of judgment or particular needs for our transfer up service, please contact Andrew Solomou on 0333 320 6200 or email [email protected].
Once you have permission from the court to evict your tenant, you may still have to wait for your tenant to leave your property. If your tenant still has not left, you can apply to the court for a warrant of possession to enforce the order. The warrant of possession is enforced by the County Court bailiff, who will notify the tenant of his date and time of attendance and will usually need you or your agent to attend to hand over possession. Dependent on the volume of work, it may take some time for the County Court bailiff to enforce the warrant. It may be best to ask the County Court bailiff’s office about current timeframes. If the delay is excessive and risks damage to the property or severe financial loss, you may be able to apply to the County Court for the possession order to be transferred to the High Court for enforcement by writ of possession.
This is done under Section 42 of the County Courts Act 1984 and if it isn’t granted at the possession hearing must be made by way of a separate application. Burlington Group can arrange for this to be done by appointing their subsidiary company who are regulated by the Solicitors Regulation Authority or you can have your own solicitor to do this for you.
Notice must be given to the defendants, tenants and to any occupiers. Anyone who may be in occupation is required to be informed about the transfer up to the High Court and that you intend to issue a Writ of Possession. The process we adopted has been endorsed in the reported case of Partridge v Gupta  EWHC 2110 (QB)
Once permissionhas be granted by the County Court a separate application needs to bemade to the HighCourt to issue the Writ of Possession. This normally at least 7 days after the County Court have agreed to the transfer butcan be less.Again Burlington Group can arrange for this to be done by appointing their subsidiary company who are regulated by the Solicitors Regulation Authority or you can have your own solicitor to do this for you.
As High Court Enforcement Officers, Burlington Group have the power to enforce the Writ of Possession and recover the property for you. Enforcing orders for possession in the High Court can be a complicated process, so call our Client Services Team on 020 7118 3100 and allow us to talk you through it.
Our opening hours are 8 AM to 8 PM Monday to Friday, 8 AM to 4 PM on Saturdays.
It is always quicker and easier to contact us by phone or email. If you do need to send us anything in the post, please send it to:
To pay by post, send a postal order, cheque or banker’s draft, made payable to ‘Marston’ to the address above. Make sure that you write your name and our reference number on anything you send us and if sending us a payment, on the back of the postal order, cheque or banker’s draft so we know what the payment is for.