If you don’t have an Order for Possession, then you need to apply to the County Court for an order. You can do that online through the HM Courts and Tribunals Possession Claim Online service, or by seeking legal advice.
If you are obtaining the judgment yourself, and this is for a residential rented property, then you should consider reading the application process at Evicting tenants in England: Possession hearings and orders - GOV.UK
Prior to any application, you must serve notice upon the tenant by sending the Section 8 Notice, following which an application can be made via the online court service PCOL Possession Claim online.
It is important that when applying to save time and cost later, that if you want to transfer to the High Court for enforcement, that you ask for permission to transfer during the initial application. When completing the application, you should give details of the claim, and add the request to transfer to the High Court for enforcement.
At this point you must give good reason explaining your reasons for wanting to transfer, such as:
- Typical delays with the County Court Bailiff of X months, or a statement documenting how you have tried to contact the County Court Bailiff but have been unable to find out what those delays might be.
- The impact of the delay – in that it will increase the amount of debt owed at the rate of £xx per month in addition to £xx already outstanding at the time the application is made.
- The wider financial impact of this growing debt e.g. is it causing you financial difficulties and meaning that you are increasingly unable to meet other financial commitments and/or falling into debt yourself,
- Any social impacts that the tenants might be causing, such as has been confrontational or violent towards you or anyone on your behalf, caused damage to property, being a nuisance to neighbours, or perhaps you have another tenant waiting to move in, etc.
This witness statement might look something like the below
“I want to transfer the Order for Possession to the High Court due to the delay I have found when enquiring at the County Court as to when any enforcement might be able to take place through the County Court Bailiff of X months, and the accruing outstanding rent of £xx per month, and that as a result of this I am experiencing financial difficulties including XYZ…..”
Disclaimer: Please note that we are not solicitors and that this should not be construed as legal advice, and we would always recommend the seeking of independent legal advice
