Tag Archives: restitution

Stopping (some) dodgy evictions

Since the High Court Enforcement Officers have been given more of the eviction work, there’s been an increase in dodgy evictions, including evictions, without notice, of new sets of squatters, using old possession orders.

They make out that it’s the same or connected people and get a “warrant” or “writ of restitution”.

As there is no notice there is no opportunity to set aside the eviction writ on the basis that at a writ of restitution is not appropriate. But some clever squatters, when told by security that they would be out the next day, put a stop to this by putting in an application to stop any application without notice.

The relevant wording of the order goes:

It is ordered that:

1.    XXXXX be joined as Defendant in proceedings.

2.    Any application made by the Claimant in the said proceedings within the next 21 days is to be made on notice in writing to XXXXXXX and with no less than 48 hours notice of this application. ……

An application costs money, unless someone is on benefits or can prove no or practically no income, but if you’ve reason to think you’re under threat it could be worth it. Get in touch.