1. High Court Enforcement Officers (HCEO) v
County Court Bailiffs
There are two options available to physically evict your tenant should they fail to vacate in accordance with the possession order made by the court.
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2. Option 1 – Application for Warrant and instruction of County Court Bailiff Process: We will make the application on the working day following the date for possession upon confirmation that the tenant has failed to vacate. Costs: £160 plus VAT and court fee of £121 = TOTAL: £313 Time: This very much depends on the courts and how busy they are. The response time frames by the courts varies from approximately 3 to 8 weeks with London courts often taking much longer, sometimes as long as 12 weeks. We will continue to chase the courts but we can offer no guarantees as to how long it will take to obtain an appointment. You will also be required to complete a risk assessment form for the court before they will fix an appointment. Option 2 – High Court Enforcement Officer (HCEO) Process: In order to instruct a private HCEO to carry out the eviction, you first need to obtain permission from the courts. To do this you must persuade the court that you have good reason for using a HCEO rather than waiting for the county court bailiff. Some courts are reluctant to grant permission and would prefer you to use a county court bailiff. It very much comes down to the judge on the day and reasons you can demonstrate. Once we have permission and the date for permission has passed we are able to obtain a writ of possession and instruct a HCEO to carry out the eviction. Timings: If there is a hearing (i.e. rent arrears possession claims) we can make the application at the possession hearing. We will usually send the court a copy of the application at the time of serving witness statement evidence, prior to the hearing. If there is no hearing (i.e. accelerated possession claims), then we must make a standalone application. This can be made at the point of issuing the claim or after the date for possession has passed. The court may decide the outcome without the need for a hearing or they may call the parties to court to hear their respective cases before making a decision.

3. If no hearing is required, the courts usually provide a verdict within 3-4 weeks of the application. However some courts take a lot longer to respond and some require a hearing which can delay the process. Once we have permission (and the date for possession has passed) we must apply for a Writ of Possession which takes between 1-3 working days. We must also give tenants 7 days’ notice of the appointment. The eviction is therefore usually carried out within 10 days or so of the date for possession. Costs: Stage 1: Application for permission to transfer - £250 plus VAT and £100 court fee. Stage 2: Application for writ - £100 plus VAT and court fee £166. Stage 3: Enforcement - £499 plus VAT (an alternatively hourly rate charge is also available). FAQs Can we apply for permission to transfer enforcement to the High Court at a possession Hearings? Yes and this is the process we would always recommend. However, some Judges will refuse to consider the application and require you to send the application to the court once the date for possession has passed. This is however very rare. Is my application to transfer enforcement to the High Court guaranteed to be successful? No – all judges and courts have a different approach to these applications. Some are very willing to grant permission whilst others are reluctant. The more evidence we can provide as to any financial, emotional or practical hardship caused to you and your family or risk to your property or surrounding occupants as a result of any delay in obtaining possession, the better chance of success your application will have. It is therefore crucial that you provide us with as much information and supporting evidence as is available to you.

4. Can I use both procedures and use which is quicker
Can I use both procedures and use which is quicker? Yes – but: a) 9 times out of 10 using the High Court Enforcement Officer is much quicker, especially if your application is granted at the time possession is granted; b) given the courts reluctance to grant permission to transfer enforcement, if you have also applied for a warrant of possession (and especially if it has been already issued) they may consider this good reason for not granting permission to transfer; c) you will incur double the costs which you will not be able to recover in full (or at all) from the Tenant. Please note: if you obtain permission to transfer enforcement to the High Court you cannot then instruct a county court bailiff instead. What happens if my application is unsuccessful? If your application is denied, as soon as the date for possession has passed (if your tenant does not vacate), we will need to apply for a warrant of possession and request an appointment with the county court bailiff in the normal way. Will I need to attend the eviction? Yes, or you will need to arrange someone to attend on your behalf such as your agent. You will also need to instruct a locksmith to attend. Please note that the courts are extremely busy and often administratively slow. As a result, this can cause delays in obtaining possession and means that it is often difficult to obtain updates on your case from the court. We will endeavor to contact them by telephone and by as appropriate to ensure your case moves as quickly as possible.