These Terms and Conditions apply to all instructions provided to Iridium Enforcement Ltd in relation to High Court enforcement proceedings, including applications to transfer possession matters to the High Court, obtaining sealed Writs of Possession, and the execution of evictions.
1. Instruction and Authority
By instructing Iridium Enforcement Ltd, the client authorises the company, its enforcement agents, solicitors, agents, and representatives to take all necessary steps in relation to the transfer up application, High Court enforcement process, and associated enforcement action.
2. Transfer Up Fee and Court Fees
Once a matter has been submitted for transfer to the High Court for the purpose of obtaining permission and/or a sealed Writ of Possession:
- All transfer up fees charged by Iridium Enforcement Ltd are strictly non-refundable.
- Any court fees, issue fees, sealing fees, solicitor fees, or administrative disbursements paid in connection with the application are strictly non-refundable.
- This applies regardless of:
- Whether the occupier vacates voluntarily;
- Whether the client later decides not to proceed;
- Whether settlement negotiations take place;
- Whether enforcement is delayed by the client or third parties;
- Whether the court refuses or delays the application after work has commenced.
3. Sealed Writ of Possession and Notice of Eviction
Where a sealed Writ of Possession has been obtained and a Notice of Eviction has been served upon the occupants:
- The agreed eviction/enforcement fees become immediately due and payable in full.
- Such enforcement fees are non-refundable.
- Liability for enforcement fees remains applicable even if:
- The occupants vacate prior to the enforcement attendance;
- The matter settles after the notice has been served;
- The client requests cancellation of the eviction;
- The occupants abandon the property before the scheduled enforcement date;
- Access is later provided voluntarily.
The service of the Notice of Eviction forms part of the enforcement process and constitutes substantial progression of the instruction.
4. Aborted or Cancelled Enforcement
If enforcement action is cancelled, postponed, suspended, or otherwise aborted after a sealed writ has been obtained or enforcement notice served, the client shall remain liable for:
- All enforcement fees;
- Agent attendance costs;
- Administrative charges;
- Travel expenses;
- Any third-party costs incurred.
5. Client Responsibility
The client is responsible for ensuring:
- The possession order remains valid and enforceable;
- The information provided to us is accurate;
- There are no pending applications, appeals, stays, or agreements preventing enforcement unless expressly disclosed.
Iridium Enforcement Ltd accepts no liability for losses arising from inaccurate or incomplete information provided by the client.
6. Enforcement Delays
The company shall not be liable for delays caused by:
- Court processing times;
- Judicial decisions;
- Police availability;
- Occupier conduct;
- Third-party interference;
- Administrative delays outside of our control.
7. Acceptance of Terms
Payment of any invoice, provision of funds on account, written confirmation to proceed, or continued instruction shall constitute acceptance of these Terms and Conditions.