Helping Landlords Transfer Up

Landlords across England and Wales with problem tenants are struggling to get their properties back because of delays in evicting problem tenants caused by backlogs and policy changes in the County Court Bailiff system. Our Possessions – Transferring Up research shows the scale of the problem if you want to find our more.

For landlords, transferring your possession order to the High Court could save you thousands of pounds and months of delay and stress, particularly if your rented property is in London where County Court Bailiff delays are at their worst.

This page illustrates how some landlords could save themselves months of delay and thousands of pounds of rent and introduces the different options for landlords to transfer their case to the High Court for enforcement.

Save months of delay and thousands of pounds in lost rent

Switching to the High Court for enforcement

Save months of delay and thousands of pounds in lost rent

Nationally, our research shows an average waiting time of six months in the County Court Bailiff system for an eviction to take place after a Judge has granted a Possession Order saying the tenant must move out.

London is seeing an average delay of eight months once the Order has been granted. As our illustration below shows, that kind of delay is costing landlords over £17,500* in lost rent.

If that's you - then our illustration below shows how you could save around £12,000 of that lost rent and get your property back six months quicker by enforcing your order of possession with a High Court Enforcement Officer.

Here’s the detail behind our illustration…..

Using the County Court bailiff:

Our research shows the average timeline in London for a County Court bailiff to carry out an eviction is eight months from the granting of a possession order by a Judge.

That would mean over £17,500* in lost rent for you based on average monthly rents in London quoted by survey respondents.

Using the High Court enforcement route:

Would save you an average of over £12,000 in lost rent – and get your property back six months earlier so you can start renting it again.
The average High Court timeline for carrying out an eviction is two months from you applying for a writ of possession.
Depending on the size of the property, the typical High Court enforcement fee for an eviction is around £1,000.

If you have to wait more than two months from the granting of a possession order for a County Court eviction date – then you will be better off using the High Court for enforcement.

*Based on London average rent of £2,178 from survey respondents and a £130 County Court fee
**Based on two months lost rent at the London average figure plus a £78 writ fee and a £1,000 enforcement fee allowance

Switching to the High Court for enforcement

We’ve published a three-step guide for landlords considering their options and thinking of using the High Court for enforcement.

Speak to an experienced property professional such as a letting agent, solicitor or a High Court Enforcement Officer who is familiar with the transfer up process to see if transferring up is the right option for you.
Apply for leave to transfer the possession to the High Court for enforcement at the same time as you request an Order for Possession. If you have already applied to the County Court for your Possession Order without applying for Leave to Transfer Up, don’t worry – see our guide to switching to the fast lane below.
Make sure you give substantial evidence detailing the grounds for why the case needs to be transferred as part of the application. This could be evidence of delays, increasing amounts owed and, if appropriate, a statement that you have received threats of confrontation or violence, and believe it may be necessary to use reasonable force to evict the tenant.

Our guide to switching to the fast lane

If you have already requested or been granted an Order for Possession, you can still switch to the High Court for enforcement, but it typically takes longer than applying at the outset, so you need to carefully the cosnider the best option for you. The process is summarised below.

Check expected timelines for eviction dates at your County Court. Decide which option is best for you. Remember - it might take up to three months for the County Court to process the application, and once you are in the fast lane it’ll take 4-8 weeks for a High Court Enforcement Officer to give you an eviction date.
If you want to Transfer Up, ask your solicitor or a High Court Enforcement Officer to make a Section 42 application to the County Court – there is an extra court fee of £119 to pay.
Don’t forget you will need to pay a fee for the High Court Enforcement Officer – Depending on the size of the property, the typical High Court enforcement fee for an eviction is about the cost of an average month’s rent – £977.

‘Transferring up’ means you are asking a judge to give you permission to evict a problem tenant using a High Court Enforcement Officer rather than a County Court Bailiff. It does not mean you are transferring the case to the High Court. Permission to transfer up is granted at the discretion of the judge in each case.

If you’re ready to find out more or want to start the transfer up process then you can use our guide to instructing a High Court Enforcement Officer to help you.