A Warrant for Possession is a court order that allows the enforcement agent to take control of your property and remove you from it. Your landlord is the one who requests it when they are under the impression that you either overstayed the premises or are not complying with the conditions made by the landlord. This can be enforced by bailiffs, police or other authorities. It is advisable to take legal help from a UK based Planning Consultant  for this as they can also help you out with other issues like Appealing or 4 Year – 10 Year Rule, etc

There are two types of Possession Orders:

– An Outright Order

– A Suspended Order

Once an Outright Warrant is granted by the court it means that this order will be carried out immediately (usually within two weeks). The Warrant of Possession will be executed by either police or enforcement agents that are employed privately to do so through the legal process, however, they cannot break into your property without permission from the court.

On the other hand, a Suspended Warrant for Possession means it is only granted if you have breached the conditions within an order and this has been brought to the attention of the court. If you are in breach, then they will grant it to your landlord or agent and this Warrant for Possession can be executed by either police or enforcement agents but is considered more severe than an Outright Warrant because it means that breaching conditions within a suspended order gives rise to forfeiture with no further warnings required beforehand.

Post COVID Conditions

 

During the coronavirus pandemic, there was a ban on the eviction order. But today, Bailiffs and enforcement can enforce the warrant of possession and may ask you to leave the premises. However, they were forbidden to act again someone who is either under isolation or having/showing symptoms of COVID-19.

Bailiffs are not required to give you time to gather their possessions before removing you off the property, so your landlord may be stuck dealing with your things after you have left.
FEES and Time Frame.
There are no fees for requesting the Possession Order from The NSW Civil and Administrative Tribunal (NCAT). But the Sherrif Office and NSW will charge you for the execution of the Order.

Within the 30 days of the Warrant for Possession, you have to request for the execution of the warrant. When an order for immediate possession is placed, a warrant can be requested once the Tribunal orders are served on the tenant/co-tenant/resident.

 

What if there is a delay in the decisions of the Sherrif?

 

There may be times when Sherrif’s Office is unable to process your request over 28 days. This delay might lead to your resubmission of the request for the Warrant for Repossession. There can be many reasons behind the delay like public holidays, the unavailability of a Sheriff’s Officer in regional NSW or where an NCAT stay order has been made pending an appeal.

 

You can ask the NCAT for the Order. You will need to explain:

  • the reason for your request
  • when you made arrangements with the Office of the Sheriff and paid the fee
  • why the original warrant was not executed in time.

FAQ

How much does a planning consultant cost?

Costing primarily depends on the scale of your project. From Design Permission to Just consultation, Prices varies from consultant to consultant. But the average would be around £450.

Are planning consultants worth it?

Yes, absolutely they are worth every penny of yours. In fact, the whole planning process, if not done correctly, can delay the whole project by years. A Planning Consultants can navigate you through every legal process and get you out of any planning-related issues.

What is the role of a planning consultant?

The role of a Planning Consultant will get you out of any situation that you are stuck in at the beginning or during your building project. If your project leads to multiple intricacies to get planning permission and you have to interpret Planning Policy and Local Development Plans, a Planning Consultant on your side will only make this whole Planning Process smoother than ever and you will be reassured with the results as well.

How do I choose a planning consultant?

Choosing the best planning consultant for your project is very easy when you follow our steps.

What do town planning consultants do?

Planning Consultants help, supervise, and advise you with every planning related issues that you might face at any stage of your construction project. They will help you acquire the planning permission and/or in case of application rejection, they will help you to appeal for the permission.