When Should Landlords Use High Court Bailiffs for Evictions?

Evictions are often a last resort for landlords, but they are sometimes necessary to regain possession of a property. While most eviction specialists are handled through the county court, there are situations where landlords may need to escalate the process by using High Court bailiffs. This article explores when and why landlords should consider using High Court bailiffs for evictions, the legal framework surrounding this process, and the advantages and disadvantages of this approach.

Understanding the Eviction Process

Before diving into the specifics of High Court bailiffs, it’s important to understand the general eviction process. Evictions typically follow these steps:

1. Serving Notice: The landlord serves the tenant with a valid notice, such as a Section 8 or Section 21 notice, depending on the grounds for eviction.

2. Court Application: If the tenant does not vacate the property after the notice period, the landlord must apply to the court for a possession order.

3. Possession Order: The court will issue a possession order if the landlord’s case is valid. This order gives the tenant a deadline to leave the property.

4. Enforcement: If the tenant still refuses to leave, the landlord must apply for a warrant of possession, which allows bailiffs to evict the tenant.

In most cases, this process is handled by county court bailiffs. However, there are circumstances where High Court bailiffs may be a better option.

What Are High Court Bailiffs?

High Court bailiffs, also known as High Court Enforcement Officers (HCEOs), are authorized to enforce court orders, commercial eviction, including possession orders. Unlike county court bailiffs, who are employed by the court, HCEOs are private enforcement agents licensed by the High Court. They have broader powers and can act more quickly in some cases.

When Should Landlords Consider Using High Court Bailiffs?

Landlords should consider using High Court bailiffs in the following situations:

1. Delays in County Court Bailiff Availability

County court bailiffs often have long waiting times due to high caseloads. In some areas, it can take several weeks or even months to secure an eviction date. If time is of the essence, transferring the case to the High Court can speed up the process, as HCEOs typically have shorter waiting times.

2. Complex or High-Value Commercial Evictions

In commercial evictions, where significant sums of money or business operations are at stake, landlords may prefer the efficiency and professionalism of High Court bailiffs. HCEOs are experienced in handling complex cases and can often resolve disputes more effectively.

3. Tenants Who Are Likely to Resist Eviction

If a landlord believes the tenant may resist eviction or cause damage to the property, High Court bailiffs may be a better option. HCEOs have greater authority to deal with difficult situations and can involve the police if necessary.

4. Recovering Outstanding Rent or Costs

High Court bailiffs can also assist in recovering unpaid rent or other costs as part of the eviction process. This can be particularly useful in commercial evictions, where large sums of money may be owed.

How to Transfer a Case to the High Court

To use High Court bailiffs, landlords must first obtain a possession order from the county court. Once the order is granted, the landlord can apply to transfer the case to the High Court for enforcement. This process involves:

1. Applying for Permission: The landlord must apply to the county court for permission to transfer the case to the High Court. This is usually granted if there is a good reason, such as delays in county court bailiff availability.

2. Paying the Fee: There is a fee for transferring the case, which varies depending on the circumstances.

3. Instructing an HCEO: Once the case is transferred, the landlord can instruct a High Court bailiff to carry out the eviction.

Advantages of Using High Court Bailiffs

1. Faster Evictions

One of the main advantages of using High Court bailiffs is the speed of enforcement. HCEOs can often carry out evictions within days or weeks, compared to the months it may take with county court bailiffs.

2. Greater Authority

High Court bailiffs have more authority than county court bailiffs. They can force entry in certain situations and are better equipped to handle difficult tenants.

3. Professionalism

HCEOs are experienced professionals who specialize in enforcement. They are often more efficient and effective in carrying out evictions.

4. Cost Recovery

High Court bailiffs can help landlords recover outstanding rent and other costs as part of the eviction process, which can offset the higher fees associated with using HCEOs.

Disadvantages of Using High Court Bailiffs

1. Higher Costs

Using High Court bailiffs is generally more expensive than using county court bailiffs. Landlords must pay additional fees for transferring the case and instructing an HCEO.

2. Stricter Requirements

The High Court has stricter requirements for enforcement, and landlords must ensure all legal procedures have been followed correctly. Any mistakes in the process can lead to delays or additional costs.

3. Potential for Overreach

High Court bailiffs have greater authority, which can sometimes lead to accusations of overreach or heavy-handedness. Landlords should ensure they work with reputable HCEOs to avoid potential issues.

Legal Considerations for Landlords

Landlords must ensure they follow all legal procedures when using High Court bailiffs. This includes:

• Serving the correct notice to the tenant.

• Obtaining a valid possession order from the court.

• Applying for permission to transfer the case to the High Court.

• Ensuring the tenant is given proper notice of the eviction date.

Failure to follow these steps can result in delays, additional costs, or even legal action against the landlord.

Alternatives to High Court Bailiffs

While High Court bailiffs can be a useful tool, legal for landlords, they are not always the best option. Landlords should consider alternatives, such as:

• Negotiating with the Tenant: In some cases, it may be possible to reach an agreement with the tenant without going to court.

• Mediation: Mediation can help resolve disputes and avoid the need for eviction.

• County Court Bailiffs: For straightforward cases, county court bailiffs may be sufficient.

Conclusion

Using High Court bailiffs for evictions can be a powerful tool for landlords, particularly in cases where speed, authority, and professionalism are required. However, it is not a decision to be taken lightly, as it comes with higher costs and stricter legal requirements. Landlords should carefully consider their options and seek professional advice before proceeding with a High Court eviction. By understanding the process and weighing the pros and cons, landlord advice,  can make informed decisions that protect their interests while complying with the law. Whether dealing with residential or commercial evictions, the key is to act fairly, professionally, and within the bounds of the law.