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Possession Order/Eviction

(3 Posts)
dazedandconfusedagain Fri 26-Dec-14 17:11:38

Has anyone been through this process?

I have a possession order for the property my ex and I jointly own. He is currently living there and not paying the mortgage hence the order. He has to give me possession of the property in ten days time so it can be prepared to be sold.

I know if he doesn't leave by X date then I can instruct the County Court Bailiffs or have the Order transferred up to the High Court and enforced by HCEO's. But do I need to do one of these? If he refuses to leave by X date can I not just go there the day after, have the locks changed and evict him myself? Is this an option too or do people always pay for the enforcement officers/bailiffs to do it?

Thank you!

WellWhoKnew Fri 26-Dec-14 17:55:33

I don't know specifically about POs/Eviction, but when I went to small claims they said use HC Enforcement rather than Bailiffs. More powers, apparently.

It was £90 quid. However, they are very well trained (and quite firmly polite) for dealing with angry/emotional unco-operative people. They also write you a full report on what happens.

If you go in person, is he likely to just fight you and say no? That was my thought when I read your post. Don't know the precise answer to your question though.

dazedandconfusedagain Mon 29-Dec-14 23:11:51

Hopeful bump. Thanks for the reply WellWhoKnew.

I can transfer up to High Court for HCEO enforcement but I think I may have to apply to the County Court for permission, then apply to transfer up - which is likely to take ages!

Because he isn't a tenant I'm hoping he isn't protected by the "protection from evicitin act" and therefore as I have the Possession Order and given he has had plenty of time and notice ... I am not acting unlawfully or unreasonably to pop in whilst hes at work, change the locks and put his stuff all int he garage (which is clean and dry and on the premises) for him to collect at his convenience.

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