Landlord Assist are a multi disciplinary firm dealing with Landlord and Tenant issues, Tenant referencing and tenant eviction. We act for Landlords and Letting Agents throughout the UK.
This mini site deals with the request for a warrant of possession which is sometimes needed if the tenant will not vacate the property following a possession order.
The full range of our services can be found on our main site of www.landlordassist.co.uk
Form N325 - Request for warrant of possession of land
Form N325 (request for warrant of possession of land) should be used to apply to the court to instruct court bailiffs to evict any tenants who have failed to vacate the property within the time given to them by the court under the terms of a possession order.
It can also be used to instruct the court bailiff to recover any money owed by tenants.
Once we have arranged for the forms to be completed they are forwarded to the appropriate County Court.
Landlords and Agents should be aware that this form should only be completed if you obtained an order for possession of the property from the court and the tenants have failed to vacate the property as ordered or if the tenant has failed to comply with the terms of a suspended possession order.
Landlords are further reminded that if they attempt to evict a tenant without using the County Court bailiffs or where appropriate a High Court Enforcement Officer then it may be a criminal offence under the Protection from Eviction Act 1977 and the landlord may be fined and/or sent to prison and/or be subjected to a civil claim for damages.
Recovery of money
The possession order may also state that the tenant must pay to the landlord a specified amount of money (a judgment debt) within a certain time. For example, the court may order the tenant to pay any rent arrears to you and may also make an order for your costs to be paid as well.
If the tenant has failed to vacate the property, and has also failed to pay you all or part of the judgment debt within the time given by the court, then you may use this form to ask the court bailiff to attempt to recover the amount due to you when they attend the property to evict the tenant(s).
We can arrange for assistance in completing the forms and ensuring that the claims for the judgment debt mirror those awarded by the Court less any payments that have received since the date of the possession order.
When considering a claim of this nature it is important to appreciate that money is only due if the tenant has failed to make a payment by the time given in the possession order. If, for example, the tenant has been ordered to pay the judgment debt by instalments then the amount due to the landlord will be any unpaid instalments, rather than the whole of the judgment debt, unless the court order states the whole amount will be due if there is a failure to pay an instalment on time and there has been such a failure.
The maximum amount that you can ask the court bailiff to recover is £5,000.00. The minimum amount you can request the court bailiff to recover is £50.00. If you are seeking to recover more than £5,000.00, you should contact us so we can arrange for some legal advice as the judgment against the tenant will need to be transferred to the High Court to enforce.
If the tenant fails to pay the whole of the outstanding debt to the bailiff then s/he can seize and sell any property owned or jointly owned by any of the tenants which are capable of being sold at auction. The court bailiff will decide whether or not the tenant's property is capable of being sold at an auction and s/he will not remove any property if they think it will not be sold. Items such as second hand furniture or smaller electrical items may not be removed. Also, the bailiff cannot remove certain items such as:
1. Essential household, items such as clothing and bedding
2. Items which are shown to be owned by a third party, such as property which is rented, leased or hire-purchased
3. Property which the tenants require for their job or business
4. Property which has already been seized by a bailiff acting under another warrant
The court will inform you of the outcome of the bailiff's attempts to recover any money.
Issuing a warrant for possession
When asked to arrange for the undertaking of a warrant for possession the following would generally be provided to the court
1. The original completed Form N325 (Request for Warrant of Possession of Land)
2. A cheque for the court fee.
3. a copy of the possession order to the form.
What happens next?
The court will issue the warrant and endorse it with a warrant number (which is separate from the court claim number). The warrant number should be quoted together with the claim number in all future correspondence with the court.
Circumstances where the court will not issue the warrant of possession
If the following circumstances apply, then the court will not issue the warrant without you first obtaining an order from the court giving you permission to apply for/issue a warrant of possession:
1. Six years or more have elapsed since the date of the possession order
2. Any change has taken place, whether by death or otherwise, to the claimants who are entitled to enforce the possession order or to the defendants who are liable to have it enforced against them
3. The possession order is against the assets of a deceased person and are, since the date of the possession order, in the hands of his executors or administrators
4. Any property to be seized under a warrant of possession are in the hands of a receiver appointed by a court
Once the Bailiffs appointment is confirmed we can, upon your instructions, arrange for a locksmith to change the locks once possession is granted to you.
If you have any questions relating to gaining possession of your property then please contact us on 08707 662288 or enquire via email firstname.lastname@example.org