Enforcing Possession Orders Through High Court Enforcement Officers

The average time between filing a claim and repossession of a property through a warrant of possession by County Court bailiffs has been declining over the past 12 months, indicating an improvement in efficiency, with timescales expected to be approximately 37.1 weeks (for January to March 2023) according to the Ministry of Justice report. 

However, in May 2023, the Central London County Court, the capital's largest court, has announced the suspension of bailiff appointments for the foreseeable future, due to health and safety concerns relating to personal protective equipment (PPE). This means that landlords will face a potential setback, due to the newly inflated timescales between filing a claim and securing a warrant of possession. 

Several landlord websites have reported a significant reduction in bailiffs' caseload, with one bailiff reporting an 80% reduction in caseload and some others offering only limited services during this suspension period. 

Although some critical services remain in place during the suspension, many cases do not qualify as “critical”, and some landlords may wish to consider other available options to avoid the delays experienced within the County Court bailiff repossession process. 

What other options are available? 

One option to consider may be using a High Court Enforcement Officer (HCEO). Using a HCEO has been a viable and efficient alternative to using County Court bailiffs to evict tenants from residential properties. 

How would I apply to use a High Court Enforcement Officer? 

Permission is required from the County Court to transfer the possession order to the High Court to obtain a writ of possession. Applications for permission can be requested under s.42 County Courts Act 1984. We would always recommend that you seek legal advice before submitting any application or engaging in any form of legal proceedings. It is extremely important that the application is made correctly with the right supporting information, ore otherwise the application will be rejected and further time lost. 

If the tenant is also in arrears with their rent, a claim for money can be made either at the time of applying for the possession order or afterward, with a court fee.  Once the writ of possession has been obtained, the tenants are given notice of eviction. In the event that the tenants do not vacate the property, an eviction is scheduled with a High Court Enforcement Officer in attendance.  

What are the benefits of using a High Court Enforcement Officer?  

1. An expedited eviction process: The HCEO initiates the procedure immediately upon receiving the writ. 

2. 100% success rate: Occupants are always removed, and the property is returned to the owner. 

3. Stringent health and safety protocols: All enforcement agents possess comprehensive training, qualifications, body-worn video equipment, and full PPE. 

What are the expected timescales when using a High Court Enforcement Officer?  

In accordance with the Ministry of Justice report, the average time between obtaining the possession order and obtaining the warrant is 20 weeks.   If you are a landlord and would like advice regarding whether instructing a High Court Enforcement Officer is the right option for you, or if you are a tenant who has been served with a notice of eviction by a High Court Enforcement Officer and require assistance with exploring the options available to you, we would recommend seeking legal advice at the earliest opportunity, especially when dealing with a matter as time-sensitive as possession. 

At Black Antelope Law, we have a highly experienced property law team, who specialise in dealing with possession claims, acting for both landlords and tenants, and are able to assist you throughout the entire process. Please feel free to contact us via email or telephone.   

Jessica Pinches