Issue of Possession Warrant
If a Possession Order is granted and the borrower does not leave by the set date or the borrower defaults on a Suspended Order for Possession, the lender will apply to the court for a formal Eviction notice without a hearing and a Possession Warrant will be obtained*. The borrower will receive a letter from the court showing the exact date and time by which they must vacate the property – generally 7-21 days from the date that the eviction notice is granted.At the notified date and time, a court bailiff representing the lender and a locksmith will arrive to formally take back control and possession of the property. Residents are generally given around 10 minutes to collect their belongings and leave before the locks are changed. The borrower is allowed 14 days further visit to collect any remaining belongings, which usually takes place around two weeks after they have been evicted.
If the borrower fails to leave the house by the set date, the lender will issue the Possession Warrant and the resident(s) will be forcibly removed from the property and if need be the Police will be called.
*Obtaining a Possession Warrant can take between 2-3 weeks, depending upon the court’s backlog and the bailiff’s work load.
What can be done about an Eviction notice?
It’s never too late to act and stop an Eviction notice even at this stage borrowers can still make efforts to stop their home from being repossessed. This can be achieved by suspending the Possession Warrant, which can be done in the following ways:
- Clearing arrears and making ongoing mortgage payments – If the arrears are cleared in full, the court will no longer see any reason to proceed with the possession action, and will allow the borrower to remain. However most of our clients do not have the finance available to do this.
- Application to Suspend the Warrant of Possession – This is where a special application is made to the court so that an emergency hearing is organised and the facts of the case can be presented. It is very important that all the information and evidence is available for the District Judge to see and make his decision based on that.
- Straight Purchase – In order to do this, the borrower needs to show strong evidence to the court that the deal has been agreed and that it is from a cash buyer. The court should be presented with an application consisting of a letter confirming the offer to purchase the property, a letter from the buyer’s solicitors confirming that they have instructions to buy confirming the agreed purchase price. Prior to the application to the court, the vendor is also advised to make the most recent monthly payment and to make any further monthly payments that are due until the sale is completed.
*Note, the Court fee to suspend a Possession Warrant is currently £30
It is also vital for borrowers to attend the Court hearing with all documentation in hand. The more evidence a borrower has to show the judge that every effort has been made to meet obligations then the more chance they have in getting a better result in court.
Can Lender & Court Services Help with an Eviction Notice?
We will try our very best to help you if you have received an Eviction notice. We have to be realistic about your financial circumstances, of course, if you can’t afford your mortgage payments or to contribute towards your mortgage arrears, then you may need to consider other options. For instance, if you were to agree to selling your home at a competitive market price that will clear the mortgage, any arrears and release equity, the court may allow you extra time to sell the property especially with cases where there is substantial equity.
Have You Received an Eviction Notice?
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