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Possession Order / Order for Sale - Joint Owners

  • jamtartlet
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29 Dec 14 #452325 by jamtartlet
Topic started by jamtartlet
I wonder is anyone can help...

I have successfully obtained an Order for sale for the property I jointly own with my ex partner. She lives there but unfortunately she has to date refused to comply with the order and is blocking the sale.

Due to the above, I have been back to Court (last week) and have been awarded sole conduct of the sale so I do not need her co operation to have it marketed. The Judge also made a Possession Order for my ex to give me possession of the property within 14 days - as unless she is out of the property she will make the sale impossible.

She is very unlikely to leave as per the Possession Order so I am looking into options for Bailiffs to remove her as soon as possible after the deadline stated on the Order. The local Court Bailiffs have a waiting time of about 4-6 months due to huge workload but I know if I instruct High Court Enforcement Officers they can enforce much quicker.

My question is regarding the process of "transferring up" the possession order from the county court to high court for enforcement. What I can find online is if the possession order was made against a tennant under section 8 or section 21 of the Housing Act then the claimant/landlord must apply back to the county court and seek permission to be able to transfer up to the high court. BUT if the possession order was made under CPR section 55 then no permission need be sought. Fair enough, seems straight forward.

Being a litigant in person and unable to afford legal advice means I am rather stumped. The Judge told me that my Possession Order was being made under CPR 40.17 - but I cannot find anywhere online if I need permission from the County Court Judge to transfer this type of Possession Order up or not.

In case anyone is still reading... I also happen to have two other Court Orders (both with the same claim reference as relating to this property claim) which are both ordering my ex to pay my costs for the applications due to her non compliance. These have already been transferred up to the High Court and HCEO''s are in the process of attempting to enforce. I have heard that as this is all part of the same claim, if I get the Possession Order transferred up the money Judgement orders can be enforced at the same time as eviction and they can seize her goods during eviction to pay the money debt. Is this correct?

Thanks in advance for any help or advice - much appreciated!

  • polar
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29 Dec 14 #452379 by polar
Reply from polar
Have PM you

  • boyfriendDA
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13 Aug 15 #465327 by boyfriendDA
Reply from boyfriendDA
Hi my Gf is in a similar situation to you - what response did you get please ?

How much do these things cost to get done ?

Regards
DA

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13 Aug 15 #465328 by boyfriendDA
Reply from boyfriendDA
N.B She is a litigant in person too (or I am actually !)

  • nairsanty
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25 Nov 20 #514879 by nairsanty
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Would be keen to know what your final experience was, as I have a similar situation. I wanted to know what form to use for approaching the Court for vacant possession and then what to do to enforce via bailiffs, as my Ex will need to be evicted forcefully.

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