Property & LandResidential Eviction
Residential Eviction Service
Residential landlords can choose to use either County Court Bailiffs or High Court Enforcement Officers to evict their tenants.
Recently we have seen considerable delays with the County Court Bailiffs, in some cases ranging anywhere from 6 to 12 weeks. High Court enforcement officers on the other hand, can carry out the eviction within a matter of days.
Under Section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first.
An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered using form N244.
The application must include reasons for the transfer such as delays by the County Court Bailiffs, loss of income and damage to the property.
Transfer up process
Once you have been granted permission you can now instruct a High Court Enforcement Officer who will begin the transfer up process and obtain the sealed writ of possession. The Court fee to issue a writ of possession is £66.00.
If you are also owed rent arrears and have been awarded these on your possession order, you can enforce the money element of your order at the same time as the eviction by requesting a combined writ of possession and control instead.
Once the writ of possession has been issued, the enforcement process will commence, resulting in the eviction of the tenants.
Vicks Enforcement clients are able to use our free transfer up service.