Transfer Possession Order to High Court

Landlord Guide to Faster Evictions in London

Are you a landlord in London facing frustrating delays in evicting tenants through the County Court bailiff service?

Are you losing rental income while waiting for action?

This guide explains how to transfer a Possession Order to the High Court and obtain a Writ of Possession for a faster eviction.

We’ll cover the process step-by-step, helping you understand how to expedite the eviction process and reclaim your property more quickly.

Overview

• Problem - County Court Bailiff backlog
• Solution - Transfer enforcement to the High Court
• How to - Step by step Guide
• Advantages
• Important Considerations
• Contact Quality Bailiffs

The Problem:
County Court Bailiff Backlogs

County Court bailiffs are typically responsible for enforcing possession orders. However, in London, overwhelming backlogs can lead to delays of 6 to 10 months or even longer. This can be financially devastating for landlords, leading to substantial lost rental income and prolonged legal battles.

The primary cause of these extended eviction delays in the county court is a severe shortage of county court bailiffs. This issue has been ongoing for some time, exacerbated by factors like funding cuts and increased workload.

The situation has now been further complicated by new guidance from HMCTS (Her Majesty's Courts and Tribunals Service). A court source has informed us that HMCTS has recently advised that evictions carried out by county court bailiffs should be conducted in pairs.

This new protocol, implemented for health and safety reasons, is understandable given the already stretched resources. However, while prioritizing bailiff safety is crucial, the requirement for two bailiffs per eviction will inevitably compound the existing delays.

With bailiff numbers at an all-time low, coordinating double the staff for each eviction will significantly reduce the number of evictions that are undertaken.

The Solution:
Transfer Enforcement to the High Court

Section 42 of the County Courts Act 1984 provides a solution. It allows landlords to transfer possession to the High Court, instructing High Court Enforcement Officers (Sheriffs) to carry out the eviction.

High Court Enforcement Officers often operate more efficiently, leading to faster evictions. However, it’s important to note that a judge can refuse permission to transfer if they deem it inappropriate.

How to:
Step-by-step Guide

1. Obtain a Possession Order: You must have a valid possession order from the County Court. This is the fundamental requirement.
2. Assess the Need for Transfer: Document any delays experienced with the County Court bailiff service. Even without direct experience, the known London backlog often suffices. Emphasise the urgency of the situation and any financial losses due to the delay.
3. Prepare the Application for Transfer (N244): Submit an application to the County Court where you obtained the possession order. Include:
   • Court and Case Details
   • Property Address
   • Reasons for Transfer: in section 10 on the N244 Clearly explain to the court the significant delays experienced with the County Court bailiff service in London, emphasising the urgent need for swift eviction. These delays, frequently lasting nine months or more, can cause substantial financial hardship for landlords due to lost rental income. Further reasons for expedited eviction if applicable include the risk of property damage, the accrual of additional expenses, and the desire to enforce both the possession order and any associated money judgment for rent arrears concurrently. Using High Court Enforcement Officers (HCEOs) for both possession and debt recovery streamlines the process by avoiding the need to instruct separate agencies. Such prolonged delays can severely impact a landlord's financial stability, particularly as mortgage payments continue. The judge will ultimately decide whether to grant permission for the transfer.
   • Supporting Evidence: Possession order copy, evidence of contact with County Court bailiffs, proof of financial loss.
   • Your Contact details.
4. Filing and Service:
   • File the application and supporting documents with the County Court (fee payable usually £275).
   • Serve the tenant with a copy of the application and all supporting documents (use a process server).
   • File proof of service with the court.
5. Court Decision: The judge will review the application, potentially holding a hearing. If successful, the court will grant permission to transfer enforcement to the High Court.
6. Obtaining Writ of Possession:
   • Obtain a sealed copy of the transfer order.
   • Apply to the High Court for a Writ of Possession (Form 66 and PF92A are usually required). This authorises our High Court Enforcement Officer Andrew Coates to execute the eviction.
   • Instruct High Court Enforcement Officers, providing them with the sealed order, Writ of Possession, and all relevant information.
7. Eviction by High Court Enforcement Officers:
   • The officers will serve notice (N54) on the tenant, giving them 14 days to vacate.
   • If the tenant doesn’t leave, the officers will carry out the eviction.

Advantages

Key Advantages of Transferring Possession to High Court:

• Faster Eviction: Significantly reduces delays.
• Greater Efficiency: High Court Enforcement Officers are often more pro-active.
• Reduced Financial Loss: Minimizes lost rental income.

Important Considerations

• Cost: Transferring to the High Court is generally more expensive. However, weigh this against the costs of prolonged delays.
• Legal Advice: Consult a solicitor specialising in landlord-tenant law for tailored advice. At Quality Bailiffs using our panel solicitor the permission and application for a writ process only costs £250 plus vat and court fees.

Contact Quality Bailiffs

We are here to help. Contact us to discuss your property eviction.

About the author

This article was written by Andrew Coates, Authorised High Court Enforcement Officer and full member of The High Court Enforcement Officers Association, and current CEO of Quality Bailiffs.

Andy has a Level 4 diploma in High Court Enforcement, and over twenty five years of experience in the bailiff and investigation industry. He is a former governing council member of both CIVEA and ABI.

Disclaimer
This article provides general information and does not constitute legal advice. It is essential to consult with a qualified legal professional for advice tailored to your specific circumstances.

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