GUIDE TO ENFORCEMENT OF A RESIDENTIAL POSSESSION ORDER USING A HCEO

[vicks]

Hi guys, I hope some of you find the following info helpful. If you have any questions, please let me know.

Mark

Many Landlords believe that when they have obtained a Possession Order via the County Court the only option is to wait for the County Court Bailiff (CCB) to enforce it and evict the occupants, which can take weeks and in some cases months, depending on how busy the Court Bailiffs are. This is incorrect as Landlords may be able to transfer the Order to the High Court for Enforcement using a High Court Enforcement Officer (HCEO). The biggest advantage of using a High Court Enforcement Officer to evict the occupants is the whole process can be done in a matter of days not weeks or months.

Under Section 42 of the County Court Act 1984 the claimant (Landlord) may ask a Judge for permission to transfer the Possession Order from the County Court to the High Court for enforcement using a HCEO. The decision to transfer the Order to the High Court is down to the discretion of the Judge and it is important to note that permission is not always granted. It will be down to your application to persuade the Judge to exercise his/her discretion in allowing the transfer to the HCEO.

What is a HCEO

A High Court Enforcement Officer (HCEO) formally known as a Sheriff is a person who is authorised by or on behalf of the Lord Chancellor to execute High Court Judgments and Orders. HCEO’s generally run their own company that specialise in enforcement. Unlike other Enforcement Agents, HCEO’s have an obligation to execute any writ that is directed to them.

Costs

Using the services of a HCEO has its advantages over the County Court Bailiff however when it comes down to cost it will cost slightly more. The Landlord will also be liable for any other fees incurred such as the fees for a Lock Smith or Glazier if required. There is also a cost to request permission to transfer and a cost to issue the Writ. It’s worth bearing in mind that although the initial cost to use a HCEO is more expensive, when the Landlord takes into consideration the loss of rent and potential damage while waiting for the County Court Bailiff, the HCEO should be cheaper.

> Cost to instruct the County Court Bailiff: £110.00
> Cost to instruct a High Court Enforcement Officer: £400.00 to £600.00

Costs vary on a number of factors such as type of property, resistance expected etc.

Application to request permission to use a HCEO

To request permission to use the HCEO route you will need to complete form N244. You will need to use the following or similar wording in box 3:

On the (Date) a possession order was granted to (Claimant), the tenant (Full Name) has not left the property by the date stipulated. The order states the right to ask the Court, without a further hearing, to authorise a High Court Enforcement Officer to evict the tenant. I have been advised by the Court that the County Court Bailiffs will be unable to carry out the eviction before (date). I therefore request that the Judge permit that the case be transferred without delay to the High Court Enforcement Officers for enforcement purposes, as covered by Section 42 of the County Court Act 1984, to prevent further loss of rental income, which is currently over £(outstanding rent).

If the Possession Order was awarded by virtue of Section 8 rent arrears, you can also add the following:

I/We also request a money order enforceable by a High Court Enforcement Officer for £x on a rolling basis of £z per day for use and occupation from the date of Judgment to the date of Possession.

You may wish to make a point that it will be more effective to have both done on the same day rather than by separate methods.

Should your application be accepted by the Judge under Section 42, you will need to complete form N293A to transfer the case to the High Court for enforcement. Some HCEO’s will complete form N293A on your behalf but to speed up the process we suggest you do this and ask that it be sealed at the same time as the application under Section 42.

Vicks Enforcement clients are able to use our free application and transfer up process to deal with requesting permission and the transfer up process of the order. Please contact us for more info on this service.

Illegal evictions

Recently a number of companies who have started to offer residential eviction services via the High Court route have been offering services such as "express 7 day eviction service". These companies claim that they can transfer up the possession order and enforce the Writ within 7 days without the need to ask the Courts permission to use a HCEO to enforce the possession order.

To use a HCEO to enforce a residential possession order the landlord must seek permission from the County Court under Section 42 of the County Court Act 1984.

Without seeking the Courts permission any Writ of Possession enforced will be invalid and any action taken under it illegal.

Landlord's should seek professional advice on such matters and make sure the process is followed correctly. Failure to do so could result in a claim being brought against a landlord.

Links
> Section 42 of the County Court Act
> Practice Direction – Enforcement of Judgments and Orders
> Form N244
> Form N293A

[Grampa]

Under what grounds would a judge normally refuse permission to transfer the Possession Order from the County Court to the High Court if requested?

Or are we just at the whim of the judge on the day and if he takes a dislike to you or gets out of the bed the wrong side you have no chance.

[vicks]

Hi.

My experience its hit and miss with the Judge and purely on luck. Some will grant it others wont.

[Mortitia]

It is all very well Vicks putting his advice up but he covertly skirts around the fact that the landlord needs consent from the county court judge to apply to the High Court.

If the landlord does not ask for this consent at the time of a Section 21 hearing he/she then has to go back to court with another application to ask ( another fee payable and consent may be refused and a shed load of time gone).

When doling out your advice Vicks please give some mention of the above as readers think it is a doddle to get the HCE in.

[Chestnut]

Looking at legal fees (£600?) and costs involved (not to mention Vicks' company fees), I would certainly not think this is a doddle. Isn't it wiser to always size up costs against losses of income, rent etc. before further action?

[vicks]

Sorry but I think you will find the post clearly states that you need to seek permission to transfer and a cost is involved in this!

[vicks]

Looking at legal fees (£600?) and costs involved (not to mention Vicks' company fees), I would certainly not think this is a doddle. Isn't it wiser to always size up costs against losses of income, rent etc. before further action?

I would advice any landlord or claimant to work out what it will costs before going ahead, some landlords do the claims themselves others pay agents or Solicitors. Some landlords are able to get the property back pretty quick while others get tenants that know how to play the system and drag it out. The main benefit of using a HCEO is how quick it can be done over the Court Bailiffs.

[Carryon Regardless]

To clarify,

am I correct in thinking that it's the application (£400 - £600) to transfer to the Sheriff ?

My thinking being that if the specific County Court has a tendency to sympathise with the poor, poor downtrodden, unfortunate T;s then the application fee may well be anticipated as a wasted effort / expence when rejected.

[vicks]

To clarify,

am I correct in thinking that it's the application (£400 - £600) to transfer to the Sheriff ?

My thinking being that if the specific County Court has a tendency to sympathise with the poor, poor downtrodden, unfortunate T;s then the application fee may well be anticipated as a wasted effort / expence when rejected.

The £400-600 is the cost of the actual eviction and I would stress that a normal eviction would cost £400 you would be looking at £600 for something where the tenants will be barricading themselves in etc and extra support is needed.

The transfer up process is usually done free of charge by your chosen HCEO, the landlord would pay the £60 Court fee.

Tenants have far to many rights when it comes down to re-gaining possession.

[Carryon Regardless]

Tenants have far to many rights when it comes down to re-gaining possession.

I can tell you're new here by you feeling the need to tell me that.

I'm not the only LL here that can see many more LL's taking the law into their own hands, especially as an increasing number will be put out of business by biased legislation.

Thanks for the info.

Soon enough, when the time is right 'for me' I shall be hoofing another scabby git, legally.

[vicks]

I can tell you're new here by you feeling the need to tell me that.

I'm not the only LL here that can see many more LL's taking the law into their own hands, especially as an increasing number will be put out of business by biased legislation.

Thanks for the info.

Soon enough, when the time is right 'for me' I shall be hoofing another scabby git, legally.

[Grampa]

I think this post is very helpful. But at the end of the day its a numbers game and working out how much rent is lost and how slow your court bailiffs are.

I suspect it only becomes viable (cheaper) if you have a property with higher rents £900ish plus and slow county court bailiffs.

But its good to have options and a guide how to use the HCEO route so thanks vicks

[Carryon Regardless]

I totally agree Grampa.

In my case, and more often for me, there would be no financial advantage.

In Prestatyn / Rhyl Shelter are very prominent and T's have easy local access to them. I lost any respect for their cause years ago as they defend regardless of fault and have given incorrect advice to departing T's. This can now serve an advantage.

Shelter (and the local authority we learn) will advise T's to sit until Bailiffs arrive, this being an expected few weeks away.

For a Bailiff to arrive within days and carry out the eviction would give some true satisfaction. I realise that in business this isn't logical but one does get a little tired of being shafted don't ya know?

Now add the potential for a hostile T to cause planned damage at departure. The arrival of the unexpected Sheriff may well prevent that, logically then there may be financial incentive.

I might have enjoyed better value had I done this between Xmas and New Year though.

[vicks]

Landlord's should look at the costs before going down the HCEO road.

Court Bailiffs are (in my experience) are getting worse by the year. I recently became aware of an eviction where the Court Bailiff refused to evict the tenant when they wouldn't leave.

[Richlist]

I think some of the posts in this thread have failed to realise that some landlords hate bad tenants so much that cost is not necessarily a deciding factor. What really matters to some is that they cause the maximum pain and discomfort now and in the future to their departing tenant.

I for one can understand that and would probably be a landlord that might take that route.

[Melboy]

Yes I agree. Tenant's should be aware that getting a CCJ is not like sitting on the naughty step but can seriously harm their prospects of getting credit cards, loans, insurance etc. etc.

[vicks]

I think some of the posts in this thread have failed to realise that some landlords hate bad tenants so much that cost is not necessarily a deciding factor. What really matters to some is that they cause the maximum pain and discomfort now and in the future to their departing tenant.

Very much true.