Skip to main content

Insight article

December 1, 2017

Landlords: Securing possession of a dwelling house

All Landlords will be aware that it is an offence to evict an occupier of residential premises without a Court Order or to harass an occupier of residential premises (Section 1 Protection from Eviction Act 1977 - the PFE).

A residential occupier is defined as “a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises”. Section 1 of the PFE only applies to those who have occupied the premises under a tenancy or a licence and not to trespassers.

There are various types of residential tenancies regulated by statute, which can only be brought to an end in a particular way. The more common examples are:

  • an assured tenancy
  • an assured shorthold tenancy (an AST)
  • a Rent Act tenancy

Assuming the appropriate notices have been given consequent upon which proceedings are issued leading to orders granting possession if the occupier does not give up possession in accordance with the terms of the Court Order, the Landlord will need to consider its next step.

To enforce an Order for possession, the Landlord must apply for a warrant or writ of possession. For speed, Landlords often apply to transfer Possession Orders made in the County Court to the High Court because an eviction can usually be carried out more quickly by a High Court Enforcement Officer. It is prudent to ask for a transfer upon the grant of a Possession Order rather than wasting time by making an additional application and waiting for an Order consequent upon that.

Once transferred, the Landlord applies to the High Court for permission to issue a Writ of Possession under the Civil Procedure Rules. This task is usually delegated to the High Court Enforcement Officers. It is, however, important to ensure that the procedural steps to obtain a Writ of Possession are properly followed. This entails:

  • Giving every person in actual possession of the property notice of the intention to apply for a Writ of Possession. The notice does not confer any new rights on a tenant or other occupier. The effect is to give those who may apply for relief a sufficient opportunity to do so. No time period is specified. However, a seven-day notice is prudent in the circumstances.
  • At the expiration of seven days, a request for the issue of a Writ of Possession is lodged with the King’s Bench Division of the High Court supported by:
    • a draft Order for permission to issue a Writ of Possession;
    • an Application Notice; and
    • a witness statement in support of the application, setting out the grounds of the application and confirming compliance with the requirement to give notice to all occupants before the issue of the application.

The application is considered on paper by a High Court Master. A Writ of Possession can be ordered on the day of the application. Once armed with a Writ of Possession, the High Court Enforcement Officers can effect the eviction of the occupants of the dwelling house and secure the premises in favour of the Landlord.

There is one final matter, however, which needs to be addressed. The Enforcement Officers will serve a notice under the Torts (Interference with Goods) Act 1977 giving the occupants a notice of intention to sell or dispose of goods left in the property. This is to cover the situation where the occupants do not remove their belongings. Prudently, at least seven days should be allowed to enable the occupants to remove their effects under the supervision of the Enforcement Officers. The Landlord should not interfere with this process. Once the process is complete, the Landlord can take charge of the keys and the property and deal with it as it thinks fit.

For more information, speak to M. Qaiser Khanzada today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

There are various types of residential tenancies regulated by statute which can only be brought to an end in a particular way.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Double jeopardy of digital asset inheritance planning amid probate delays
    Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, addi


    Read more
  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more
  • Renters’ Rights Act: why process and paperwork matter more than ever for landlords
    The Renters’ Rights Act has now passed into law, marking one of the most significant shifts in the private rented sector in a generation. Most of the new measures will take effect in May 2026, with a national landlord database to follow later in th


    Read more
  • Understanding the Roles of Executors and Trustees
    When making a will, you place significant trust in those appointed to carry out your wishes. Executors and trustees are key roles, often held by the same people, but their responsibilities differ. Understanding these roles and their obligations helps


    Read more

What they say...

  • W Sandover, April 2026
    Boundary Wall dispute “Although (for complex, not relevant) reasons, this matter never reached the point of either negotiations or a court case, Barker Gillette staff provided us with excellent support. I would certainly go back to them in the

  • Client, April 2026
    Excellent suppy “Karen Cole supported me through a difficult time with warmth and professionalism. She made the entire process as smooth as possible, responding quickly to communication and giving clear advice. I would highly recommend Karen to

  • Client, April 2026
    So helpful! “Pippa Marshall listened and offered supportive, practical advice. She was very friendly, easy to talk to and did not pressure me to make any costly decisions during my free 30-minute consultation. I would definitely recommend Pippa

  • Nika Franke-Matthecka, April 2026
    “We had an excellent experience working with Michael Davies and his team on the sale of our property. They were efficient, knowledgeable, and highly diligent throughout the entire process. Communication was always prompt and clear, which made w

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

Read more
Send this to a friend