Obtaining Writ of Possession Faster Evictions London.

Bypassing the County Court Bailiff:

Obtaining Writ of Possession Faster Evictions London

This guide focuses on Obtaining Writ of Possession for Faster Evictions London from the High Court to expedite the eviction process in London, specifically addressing the significant delays currently experienced with the County Court bailiff service. While County Court bailiffs are the usual route for enforcing possession orders, the backlog in London often leads to unacceptable delays, leaving landlords with lost rental income and prolonged legal battles. This guide explores how to bypass this bottleneck by transferring enforcement to the High Court. This information is for guidance only and does not constitute legal advice. It is strongly recommended to consult with a solicitor for your specific circumstances.

The Problem: County Court Bailiff Delays in London

County Court bailiffs are responsible for executing possession orders granted by the courts. However, particularly in London, the bailiff service is often overwhelmed, resulting in substantial delays. These delays can stretch for 6 to 10 months, significantly impacting landlords’ financial stability and their ability to regain possession of their property.

The Solution: Transferring Enforcement to the High Court (Section 42 County Courts Act 1984), Obtaining Writ of Possession Faster Evictions London

Section 42 of the County Courts Act 1984 provides a legal pathway to transfer enforcement of a possession order to the High Court. This allows landlords to instruct High Court Enforcement Officers (Sheriffs), who typically operate with greater efficiency and can execute evictions much faster than County Court bailiffs. It is important to say however that a judge can refuse permission to transfer if they feel it is inappropriate

Step-by-Step Guide to Obtaining Writ of Possession Faster Evictions London :

1. Obtain a Possession Order:

Valid Order: Ensure you have a valid possession order from the County Court. This is the foundation of the entire process.

2. Assess the Need for Transfer:

Documented Delays: If you’ve already experienced delays with the County Court bailiff service, document these instances. For instance, telephone them and say if you issued a warrant of possession today roughly how long will it be before this is actioned by a bailiff. This evidence will support your application for transfer. Even without direct experience of delays, the widely acknowledged backlog in London is often sufficient grounds.
Urgency: Clearly demonstrate the urgency of the situation. Highlight any financial losses you are incurring due to the delay, such as lost rent.

3. Prepare the Application for Transfer:

This application is made to the County Court where the possession order was granted. It’s crucial to present a compelling case for transfer. While there’s no prescribed form, the application should be made on an N244 include:

Court Details: Full name and address of the County Court.
Case Details: Claim number, parties’ names, and date of the possession order.
Property Address: Clearly identify the property in question.

Reasons for Transfer: Emphasise the delays with the County Court bailiff service in London and the urgent need for swift eviction. These delays, often stretching 9 months, can result in significant income loss for landlords. Other valid reasons include the potential for property damage, incurring further expenses, and the desire to enforce both a possession order and a money judgment for rent arrears simultaneously. Using High Court Enforcement Officers (HCEOs) for both avoids the need to instruct two separate agencies, streamlining the process. Having to wait this amount of time would have a detrimental effect on the claimant’s finances as they continue to pay the mortgage. Ultimately, the decision to grant permission for transfer rests with the Judge.
Supporting Evidence:

- Copy of the County Court possession order.
- Any evidence of attempted contact with the County Court bailiff service and the responses received.
- Evidence of financial loss due to the delay (e.g., lost rent).

Contact Details: Provide your full contact details.

4. Filing and Service:

File with the Court: Submit the application and supporting documents to the County Court. There’s a court fee payable at least £275.
Serve the Tenant: Crucially, you must serve a copy of the application and all supporting documents on the tenant. Proper service is essential. Use a process server for guaranteed service.
Proof of Service: File proof of service with the court, confirming the tenant has been served.

5. Court’s Decision:

Review: The judge will review the application.
Hearing (May be Required): A hearing might be necessary, although often the application is decided on paper.
Order Granting Transfer: If successful, the court will issue an order granting permission to transfer enforcement to the High Court.

6. Obtaining Writ of Possession Faster Evictions London:

Sealed Order: Obtain a sealed copy of the transfer order from the County Court.
Issue Writ in High Court: Apply to the High Court for a Writ of Possession. This writ formally authorises the High Court Enforcement Officers (Sheriffs) to execute the eviction. Our officer is Andrew Coates. Forms usually required include Form 66 Writ of Possession (Combined ) and PF92A
Instruct High Court Enforcement Officers: Engage a firm of High Court Enforcement Officers. Provide them with the sealed order, the Writ of Possession, and all relevant information about the property and the tenant.

7. Eviction by High Court Enforcement Officers:

Service of Notice: The High Court Enforcement Officers will serve notice (N54) on the tenant, giving them a specified period 14 days to vacate the property. This notice period is typically shorter than that offered by County Court bailiffs.
Eviction: If the tenant fails to vacate, the High Court Enforcement Officers will carry out the eviction.

Key Advantages of Obtaining Writ of Possession Faster Evictions London:

Faster Eviction: Significantly reduces delays compared to using County Court bailiffs in London.
Greater Efficiency: High Court Enforcement Officers are often more proactive and efficient.
Reduced Financial Loss: Minimises lost rental income.

Important Considerations When Obtaining Writ of Possession Faster Evictions London:

Cost: Obtaining a Writ of Possession and using High Court Enforcement Officers is generally more expensive than using County Court bailiffs. However, this cost should be weighed against the financial losses incurred due to delays.
Legal Advice: It is strongly recommended to consult with a solicitor specializing in landlord-tenant law. They can advise you on the best course of action and ensure all procedures are followed correctly.

About the Author

This article was written by Andy 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.

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Choose a company that is recognised by reputable professional associations and holds relevant certifications to ensure that they adhere to industry standards and best practices. Frank G Whitworth and its sister company Quality Bailiffs are true professionals. Some of our team of agents on the ground include Luke, Grant James, and Ben. We operate all around England and Wales providing numerous services like CRAR, recovering debts, evictions of tenants, eviction of travellers & trespassers. This is done in all locations including London, Birmingham, Plymouth

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