Our Guide to Transferring Up and the accompanying template pack explains the process. You can also instruct a High Court Officer to do this for you.
Instruct a High Court Enforcement Officer
Download our Guide to Transferring Up
Download our Transferring Up template pack
Landlord and Tenant
For a Landlord and Tenant Order for Possession, where leave to transfer has not already been obtained, you need to apply for an Order under Section 42 Leave to transfer from the County Court to the High Court for the purpose of Enforcement.
The application under Section 42 is via the general application notice (N244) with the additional court fee of up to £275. Before applying, you must write to the named judgment debtor and “The Occupier”, warning them you are applying to transfer to the High Court for Enforcement. When applying, the application must be supported by a witness statement giving good reason as to why you wish to transfer, as set out in our Guide to Transferring Up.
The granting of any transfer request is at the discretion of the court, and only where there is a justifiable good reason to transfer will the transfer be granted, so it is important to research any delays and detail what the impact of any delay is upon you or your business and any family members/dependants as a result.
Once you have an Order for Possession and an Order under Section 42, you can make an application for a Writ of Possession to the relevant District Registry of the High Court.
You need to complete two forms to make the application:
- A PF92a form, which is the request to issue the Writ
- Form 66, which is the Writ of Possession itself.
The court fee of £80 must be paid at the same time the forms are submitted.
Thanks, but I’d rather instruct a High Court Enforcement Officer to do this for me
Trespassers (squatters and unauthorised encampments)
If the Order of Possession is in respect of trespassers, the application is made using the form N293a. You must complete part 1 and 2 and send these to the County Court where the judgment was made. If you do not complete it fully, the court may have to return it to you. You must state the date of judgment and the details of order of possession, including any additional costs allowed by the court since judgment; the total of any interest that has accrued on the judgment and, if appropriate, the daily rate if a monetary sum has been awarded. There are notes on both sides of the form, which you need to read to ensure you have completed the form correctly.
You can submit the completed form with the Writ of Possession Form 66 together so the court can process as a bundle, but you must complete Part 3 of the form, and include the Writ issue fee of £80.
Thanks, but I’d rather instruct a High Court Enforcement Officer to do this for me.
