Changes to the process of accelerated possession have put an end to so-called ‘seven day evictions’.

In reality there never was such a thing, says Paul Shamplina of evictions specialist firm Landlord Action.

Most landlords and agents make possession claims through the county court and these are enforced by county court bailiffs.

However, with a backlog of cases and a reduction of bailiffs, it can take several weeks for bailiffs to carry out an eviction.

In some cases, landlords can apply for their case to be transferred to the High Court once a possession order has been made, so that a High Court Enforcement Officer can carry out the eviction.

There are some firms which have built their businesses around these “seven day evictions”.

However, says Shamplina, the seven days started from the point at which a case was transferred up to the High Court, and not from when the landlord began the process.

Now, times are set to get much longer after the Ministry of Justice has changed the process for obtaining Writs of Possession, adding a further two steps to the application process and an additional £200 fee.

Landlord Action says this could add a further six to eight weeks in some eviction cases.

The process now involves an application (using N244 form) to the issuing County Court for permission to transfer up to the High Court for enforcement, at which point a fee of £100 is payable.

Once permission has been granted to issue the High Court Writ of Possession, yet another application is required using form PF92 (Order for Permission to Issue a Writ of Possession in the High Court).

In addition, all parties must now be notified of the application, which needs to be evidenced by a witness statement.

This must confirm that each and every person in actual possession has been given notice, in writing, of the application, and that no application for relief has been made by any such person.

This is a further step not previously required.

Landlord Action uses Court Enforcement Services (CES) to provide the fastest route to High Court enforcement.

Although not previously required, the process of informing occupants of a landlord’s intention to transfer to the High Court is something which Landlord Action has carried out through working with CES for some time.

Daren Simcox, joint managing director of Court Enforcement Services, said: “The recent change to the process was brought about by some firms bypassing the correct procedure and using the incorrect forms. Previous practice of using the N293a form was incorrect, as this form is only intended for trespassers.

“The Civil Procedure Rules, Rule 83.13, requires all occupants to be notified of the application to transfer proceedings to the High Court for enforcement.

“Under the new process, there must be an application to the issuing county court for permission to transfer up.

“The application turnaround is dependent on the issuing court and their workload, and this will add additional time to the eviction process.

“In addition to this, all occupants must be given notice of the application, which must also be evidenced within a witness statement included with the PF92 application, which adds an additional seven days before an application for permission to issue the writ can be made, to allow for any applications for relief.

“A further application of a request to issue A Writ of Possession PF89, or request to issue a combined Writ of possession and control PF89, is then lodged with High Court together with the writ for sealing.”

Shamplina warned: “As a result, desperate landlords with severe cases could now suffer further.

“We are in the process of ensuring that our system is as efficient as possible to keep timescales to a minimum despite the changes.”