As the rental market evolves, landlords are increasingly facing challenges when it comes to securing timely possession of their properties. When tenants refuse to leave, landlords must go through the legal process to reclaim their properties with a N244 application for a County Court Judgment (CCJ). However, while many landlords stop at the County Court level, this can significantly delay the process, costing them time, money and peace of mind.
One of the most effective, yet underutilised, strategies for landlords is transferring eviction cases to the High Court for enforcement. Many landlords are unaware that this can be done during the initial application stage, potentially saving months of waiting and substantial financial losses.
The County Court vs. High Court: Understanding the differencesÂ
When landlords apply for an order of possession through the County Court, the next step is to enforce this order with a warrant of possession, executed by a County Court bailiff. However, current wait times for County Court bailiffs to act can range from three to eight months—and sometimes longer, depending on the local court’s backlog.
In contrast, if the enforcement part of the case is transferred to the High Court, landlords can regain possession in as little as three weeks. The key difference lies in the Writ of Possession obtained in the High Court, which is enforced by High Court Enforcement Officers (HCEOs). They act much faster than their County Court counterparts, delivering significantly faster results.
The easiest way to transfer: What landlords are missingÂ
A major opportunity that landlords often overlook is asking for ‘leave to transfer’ to the High Court during the initial application for possession. This can be done by simply including the request for ‘leave to transfer’ on the N244 application form (see below).
By including this within the application, landlords secure the option in advance to move their case to the High Court without the need for a separate application later.
Important steps:
- When applying for an order of possession, make sure to specify that you are not only seeking possession of your property but also recovering any rent arrears.
- Request leave to transfer the case to the High Court for enforcement, citing the potential delays in County Court bailiff availability and the increase in losses because of the delay as justification.
- Once the leave to transfer is granted, the case can be swiftly transferred-up to the High Court, where the Writ of Possession will be issued. This step avoids the need for a second, time-consuming application for leave to transfer and ensures that enforcement is carried out more efficiently.
By thinking ahead and requesting the leave to transfer upfront, landlords can save months of frustration, and potentially thousands of pounds in lost rental income.
Why High Court enforcement is worth the investmentÂ
While transferring a case to the High Court incurs additional costs upfront, these are far outweighed by the long-term savings. The cost of obtaining the Writ of Possession is approximately £78, and the actual transfer process is free.
Though High Court enforcement officers charge more than County Court bailiffs, the speed and effectiveness of the process can help landlords recoup their losses faster.
If a tenant is refusing to pay rent for eight months during a County Court bailiff process, the landlord stands to lose a significant amount in rental income. Transferring to the High Court reduces this timeframe to just a few weeks, meaning the landlord can re-let the property sooner and limit financial damage.
Recovering rent arrears: Don’t miss outÂ
Many landlords assume that an order of possession automatically covers unpaid rent, but these are two separate claims. If you only apply for possession, you won’t be entitled to recover any money owed.
To recover unpaid rent, landlords must clearly request both possession and a money judgment on the application form.
Once granted, landlords have up to six years to enforce the money judgment. Even if the tenant is hard to trace, Marston Holdings’ expert trace team can help locate them to recover the debt.
Final thoughtsÂ
The legal complexities surrounding tenant eviction can be daunting, but High Court enforcement provides a much faster route to regaining control of your property, and you should discuss any cases with your High Court Enforcement Officer (HCEO) to see how they can help.
At Marston Recovery, we specialise in helping landlords recover both their properties and any rent arrears, with the speed and efficiency only the High Court can offer. It’s about more than just getting your property back—it’s about protecting your financial investment, too.
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