Section 42 of the County Courts Act 1984
Given the recent news regarding the London Central Court suspending County Court Bailiff appointments for the ‘foreseeable future’, it seems a good time to revisit the requirements to enforce Orders for Possession in the High Court.
It’s a dire situation for landlords who already experience a significant wait from the point of claim to eviction within the County Court, and comes at a time where the number of claims, orders, warrants and repossessions have significantly increased on the same period in 2022, according to the latest MOJ Stats.
There is a remedy available for moving enforcement into High Court, which is known to offer a more timely service to landlords and their representatives, but that doesn’t come without hindrance.
Section 42 of the County Courts Act 1984
Unlike enforcing monetary Judgments and Orders, specific permission of the County Court is required before an Order for Possession against a residential tenant can be transferred up to the High Court for enforcement, and this permission is pursuant to S42 County Courts Act 1984.
Although a long standing requirement, in the majority of cases we see, Orders for Possession are usually in absence of this permission, which then means more time and money are lost in obtaining this on a secondary application.
We’d always encourage that permission to transfer up under Section 42 of the County Courts Act 1984 is sought within the initial application, which then gives the landlord the option should the wait for a County Court Bailiff be significant – call it an insurance policy you don’t need to pay into, but it’s there if you need to call on it.
However, where this is not requested, a secondary application can be submitted to the Court using form N244 and paying the required fee. Whether the permission is sought in the initial application or later, reasoning for the request is always required. It’s imperative that careful wording, and clear explanations are provided for this as the granting of the permission is at the discretion of the Judge, and is automatically given.
In our experience, we find that detailing the financial loss to the landlord, potential damage to the property whilst the tenants remains within, and the delays for a County Court Bailiff, are often good reasons to include, if these are applicable to the individual circumstance.
Instructing a High Court Enforcement Officer
There’s benefits to the landlord in obtaining permission to transfer up as High Court Enforcement Officers often boast a 100% success rate of obtaining property back once instructed.
High Court Enforcement Officers can act in a timely manner, preparing our instruction for Court from the moment it is received, and upon receipt of the sealed Writ of Possession back from Court, our Notice of Eviction can be sent the very same day, providing the tenant with 14 days to vacate before eviction will take place.
There are costs to consider, namely the fee to obtain the Writ of Possession from the Court which allows High Court Enforcement Officers to complete the eviction, and a service charge – these are likely to be increased on the County Court Bailiff fee initially, however when weighed up against the loss of rent from the wait times within the County Court Bailiff, High Court enforcement often offers the most cost-effective approach to recover your property.
If you’d like to discuss how our team can assist in the recovery of your property, please contact us on 01993 220557.
