The use of force in Evictions

Why High Court Enforcement is becoming essential

In the evolving landscape of property enforcement, landlords and legal professionals are increasingly turning to High Court Enforcement Officers (HCEOs) to execute Writs of Possession — particularly in light of recent policy changes affecting County Court bailiffs.

A Writ of Possession is a powerful legal tool that enables the rightful owner or landlord to reclaim property from tenants, trespassers, or squatters.

Traditionally, this process could be carried out by County Court bailiffs. However, recent developments have significantly altered the practicalities of enforcement.

The Shift in County Court Bailiff Powers

At least one County Court is now quoting HMCTS policy as stating that “the county court bailiff will no longer be able to use reasonable force to evict the tenant” where necessary. This change, while perhaps well-intentioned, has serious implications. Without the ability to use reasonable force, bailiffs are often unable to carry out evictions effectively, especially in cases where tenants refuse to vacate voluntarily. [www.hceoa.org.uk]

The result? Delays.

Why High Court Enforcement Officers Are Different

High Court Enforcement Officers (HCEOs) operate under a different legal framework and possess enhanced powers.

Under Section 8(2) of the Sheriffs Act 1887, sheriffs — and by extension, HCEOs — are granted the power of arrest in specific circumstances. This provision underscores the seriousness and authority of HCEOs in enforcing court orders, including possession orders. [www.legislation.gov.uk]

Under Section 8 of the Sheriffs Act 1887, the law clearly states: “If a sheriff finds any resistance in the execution of a writ, he shall take with him the power of the county, and shall go in proper person to do execution, and may arrest the resisters and commit them to prison, and every such resister shall be guilty of a misdemeanor.”

The Legal Path to High Court Enforcement

To instruct an HCEO, landlords must first obtain a possession order from the County Court and then apply for permission to transfer the case to the High Court under Section 42 of the County Courts Act 1984.

Once granted, a Writ of Possession is issued, empowering the HCEO to act swiftly and decisively.

Conclusion: A Strategic Necessity

The recent HMCTS policy change limiting the use of force by County Court bailiffs is likely to cause further delays and complications in the eviction process.

For landlords, property managers, and legal professionals, High Court enforcement is no longer just an alternative — it is increasingly a strategic necessity.

By leveraging the enhanced powers of HCEOs, including the authority granted under the Sheriffs Act 1887, stakeholders can ensure timely, lawful, and effective enforcement of possession orders.

In a climate where delays can cost thousands, the choice is clear.

Read more about the possession enforcement services we provide.

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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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