When it comes to enforcing possession orders, understanding the differences between County Court Bailiffs and High Court Enforcement Officers (HCEOs) is crucial. An enforcement officer, commonly known as a bailiff, steps in when a possession order mandates the surrender of a property, and the deadline for vacating has elapsed. It’s a legal imperative that only certificated enforcement agents or court officers, acting under the authority of the court’s warrant or writ, carry out such enforcement; any other individual doing so would be illegal.

There are two primary categories of enforcement officers: County Court Bailiffs and High Court Enforcement Officers (HCEOs).

Typically, County Court Bailiffs evictions are currently taking 3-4 months, with some variation across different courts; for instance, in London, the process may extend to 4-6 months or even longer. In contrast, HCEOs can expedite evictions, often completing them within a few weeks. For a landlord to engage an HCEO to enforce a possession order, prior permission from the County Court that issued the order is required. This transfer of authority is granted under section.42 of the County Courts Act 1984. In cases involving possession orders against trespassers, the use of an HCEO is automatically permitted.

In essence, HCEOs carry greater authority compared to County Court Bailiffs, particularly concerning entry to properties. County Court Bailiffs will not force entry on the first visit and may make many visits over a number of weeks before actually executing the warrant. The primary attraction for landlords in HCEO’s is the significantly quicker eviction process, also on the day of the eviction, there is only one outcome -the tenant is leaving.

In executing the warrant or writ, enforcement officers possess the authority to evict any occupants found on the premises, even those who weren’t part of the original possession proceedings. This legal principle was established in the case of R v Wandsworth County Court ex parte Wandsworth LBC [1975] 3 All ER 390, 1 WLR 1314. Consequently, if a tenancy agreement names only one tenant but that tenant shares the property with family members not party to the agreement, all occupants will be subject to eviction by the enforcement officer. HCEOs will apply this principle whereas county court Bailiffs may be reluctant to do so.

The fees to use HCEOs to carry out an eviction are greater in upfront terms, however, the speed at which they can act often far outstrips the loss suffered by landlords facing a non-paying tenant.

If you have obtained an order for possession but did not make an application under Section 42 County Court Act 1984 to transfer to the High Court, then London Bailiff Services can assist you with the completion of an application. If the Court has granted permission, we can transfer the order and obtain a Writ of Possession which allows us to evict your tenant.

If time is of the essence in regaining possession of your property the high court route may well be the best option. For more information on how to commence a High Court Eviction in London reach out to London Bailiff Services here CONTACT US