Problems with getting County Court to co-operate with enforcing it's on order

You are here : Member Forums Possession - Section 8 and Section 21 Problems with getting County Court to co-operate with enforcing it's on order
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Steve L
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I obtained a Possession Order on 15th October under S8 following a refusal to pay rent. The tenant refused to leave, so I instructed a High Court Enforcement to transfer the case to High Court for enforcement. All the advice I received was that this was at my discretion - I did not require any further court hearing. (The alternative would be the cheaper, but lengthier, process of using the County Court bailiff.

Today a letter arrived (with the High Court Enforcement Officer) advising that "The District Judge has stated that the Claimant should use County Court request for possession as this is not a trespass claim".

Has anyone has such difficulty in getting the County Court to co-operate in enforcing it's own Order? Can the Judge exercise a preference?

I do not know exactly what constitutes a "trespass claim" but these people are sticking two fingers up at the Court - sure that is a "trespass clam"?

20/11/2009 00:00

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