Eviction by High Court writ of possession

As an alternative to enforcing a possession order by applying for a warrant of possession in the County Court, the landlord can apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO). Enforcement in the High Court is usually quicker.

HCEOs are also referred to as enforcement agents, bailiffs or Sheriffs. They are private agents regulated by the High Court Enforcement Officers Association who can be instructed by a claimant landlord.

The most common reason for High Court enforcement is because the landlord has applied to the County Court to have the possession order transferred to the High Court for enforcement by an HCEO. [1]

Much more rarely, High Court enforcement can occur when the possession hearing itself was in the High Court. If a landlord applies for a possession order in the High Court it is normally transferred to the County Court unless there are exceptional circumstances, such as complicated disputes of fact or important points of law [2]

The County Court judge has discretion whether to allow the transfer of enforcement to High Court. [3]

The landlord can request the transfer:

• during possession proceedings in the County Court

• after a possession order has been obtained, by making an application to the County Court

If the property is within the area of a District Registry (the parts of the High Court situated in local districts within England and Wales) and the landlord applies for a transfer to High Court, then the case will be transferred to the District Registry unless the county court dictates otherwise. [4]

When an application cannot be made

An application for a transfer cannot be made if there are outstanding applications from the tenant, such as an appeal against the possession order. [5]

If a money judgment for rent arrears and court costs exceeds £600, the landlord may also apply for a writ of control to recover the money owed. A writ of control provides for the seizure and sale of the debtor goods.

Interest on the judgment debt for arrears will accrue from the moment of the transfer of the order.

Landlords are prohibited from applying for a writ of possession on the basis of rent arrears, during a breathing space or mental health crisis moratorium.

The landlord must notify the court if the tenant is in a moratorium. The court must ensure that any proceedings to enforce an order concerning a moratorium debt does not progress during the moratorium period.

Read more about possession actions during a breathing space moratorium or a mental health crisis moratorium on Shelter Legal.

A landlord might ask for a transfer of the order to the High Court because:

• enforcement in High Court is usually quicker

• delays in County Court enforcement may result in increasing rent arrears, further damage to the property or anti-social behaviour

If the possession order includes a money judgment, then the writ of possession can include provisions for enforcing payment.[6]

The tenant's reasons for opposing High Court enforcement could include:

• lack of evidence that County Court enforcement would cause a significant delay

• disproportionately high costs

• requiring more time to find somewhere else to live before eviction.

The tenant's particular circumstances, such as whether they have significant rent arrears or children, can be relevant factors in the court's decision.

The landlord must first apply for permission from the High Court to apply for a writ if the eviction is due to all the tenants lacking the right to rent.[7]

The landlord must also apply for permission if the writ is to be used to evict trespassers and the possession order was made more than three months ago.[8] This application can be made without notifying the occupiers.[9]

A notice of eviction must be delivered to the premises at least 14 days before the eviction date, unless the court dispenses with this requirement. [10] 

The notice of eviction must be:[11]

• addressed to all persons named on the possession order and 'any other occupiers'

• inserted through the letter box in a sealed transparent envelope

• if it is not practicable, attached to the main door or some other part of the land so that it is clearly visible, or attached to stakes in the land in places where they are clearly visible

The notice must be delivered to the premises 14 days before the eviction date, unless the court:

• dispenses with the requirement to serve a notice of eviction

• extends or shortens the time by which a notice of eviction must be delivered

The notice requirement does not apply to action against trespassers who have never had permission to enter or occupy the premises.

If an eviction does not take place on the date specified on the notice, a further notice of eviction must be delivered to the premises at least 7 days before the new eviction date.[12]

The High Court has the power to stay or set aside a writ of possession, or writ of control. [13] Applications to the High Court should be made on form N244.

The application should be supported by evidence. The evidence can be included on the form, or by witness statement.

Read more about witness statements on Shelter Legal.

The tenant must pay a fee to make the application. Read more about court fees on Shelter Legal.

Applications should be made with notice of at least three clear days, though the court can grant permission for a shorter time.[14]

If the stay or set aside is granted, the tenant can inform the HCEO of this fact in order to prevent further enforcement steps if there is a delay in the High Court notifying the HCEO.

An application to set aside or vary the original possession order must be made to the County Court.

HCEOs are commercial agencies authorised by the High Court and not employees of the court. The Directory of High Court Enforcement Officers contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.

Standards and conduct

HCEOs subscribe to a code of practice.

A writ of possession must not be executed on a Sunday or bank holiday unless the court orders otherwise.[15]

Regulations govern the actions of HCEOs, and all other bailiffs, when seizing goods. [16] The regulations include the requirements that the HCEO must not:

• enter residential property before 6am or after 9pm, unless the court has authorised this

• enter if the only person present is a child aged under 16

• take essential household goods such as a cooker, fridge or washing machine.