ARLA is lobbying Justice Secretary Michael Gove urging him to consider allowing High Court Enforcement Officers to enforce possession orders without landlords or their agents have to make further applications.
The association says that currently possession orders issued by the County Court are enforced by County Court Bailiffs; they can be enforced by High Court Enforcement Officers only if leave is granted by the court.
It says that as a result an increasing number of landlords are choosing to escalate possession proceedings to the High Court, although only County Court judges still have the authority to transfer the enforcement.
Sometimes the transfer is granted - but sometimes not - which leads to inconsistences and, according to ARLA, hardship for some agents and landlords who lose income while the eviction proceedings are underway.
A statement from ARLA says: “The advantage of enforcement via the High Court is that from the date the landlord has obtained a Writ of Possession, HCEOs can exercise the writ and evict the tenant in a matter of days.
“In addition to this, at the same as obtaining vacant possession of a property, HCEOs can also enforce an order for payment and seize goods to try and fulfil any money Judgment obtained against the tenant; such as for rent arears or damage.”
David Cox, ARLA’s managing director, has written to Gove. You can see the letter here.