Possession enforcement guidance

Transfer a possession order to the High Court

A County Court possession order does not automatically become enforceable by a High Court Enforcement Officer. The correct route depends on the order, the basis of occupation, transfer permission and whether separate permission to issue the writ is required.

Permission to transfer, permission to issue a writ and notice of eviction are three different questions.

England and Wales County Court orders Writs of possession Reviewed September 2026
Transfer is not automatic The County Court retains discretion in ordinary occupier cases
Two different routes Tenant and trespasser procedures must not be mixed
The writ must be issued A transfer order is not itself authority to evict
Notice may be required CPR 83.8A normally requires 14 days before first execution
The short answer

High Court enforcement begins with the order—not the speed required

High Court enforcement may be appropriate where a landlord or landowner already has a possession order and wants it enforced by writ of possession under the authority of an Authorised High Court Enforcement Officer.

For most tenant or occupier cases, permission to transfer enforcement under section 42 of the County Courts Act 1984 is required unless the possession order already grants it. The court may grant or refuse the application.

Urgency, delay, property damage, antisocial behaviour and complexity may be relevant evidence. They do not create an automatic right to transfer.

Do not collapse these three stages

1

Permission to transfer

Whether County Court enforcement may move to the High Court.

2

Issue of the writ

The writ must be properly requested and sealed by the appropriate court office.

3

Notice and execution

Any applicable notice period must expire before lawful execution.

Choose the correct route first

Was the possession claim against an occupier or against trespassers?

The answer determines how transfer is approached. An ordinary tenant does not become a trespasser merely because the tenancy has ended or the possession date has passed.

Route A

Tenant or other occupier

If the possession order does not already permit transfer, the creditor normally applies to the County Court under section 42.

  • Check the sealed possession order and possession date
  • Apply for transfer permission if it was not already granted
  • Serve the application as required by CPR Part 23
  • Follow the transfer order and High Court filing requirements
  • Allow for N54 notice before execution where CPR 83.8A applies
Form N293A’s certificate route under CPR 83.19 is not a general shortcut for ordinary tenant cases.
Route B

Possession claim against trespassers

CPR 83.19 permits a certificate-of-judgment route where the order was made in a possession claim against trespassers.

  • Check that the underlying claim was genuinely against trespassers
  • Request the certificate using current form N293A
  • The granted certificate takes effect as the transfer order
  • If more than three months have passed, obtain permission to issue the writ
  • Check the special CPR 83.8A notice exception carefully
The label used in correspondence does not change the basis on which the possession order was made.
Route A · Tenant or occupier cases

The usual transfer sequence

Court offices and documents can vary with the order and procedural history. This is a general sequence, not a substitute for checking the specific order and current court requirements.

01

Check the order and current case position

Confirm that the possession date has passed, identify everyone against whom the order was made, and check for suspension, postponement, appeal, set-aside application or stay. Read whether transfer permission was already granted.

02

Apply for transfer permission if required

Apply to the County Court under section 42, normally using form N244. State the order sought, explain why High Court enforcement is requested and provide relevant evidence. The decision is discretionary.

03

Give proper notice of the application

An application is not automatically without notice. CPR 23.7 normally requires service as soon as practicable after filing and at least three days before the court deals with it, unless another rule, practice direction or court order applies.

04

Complete the transfer and prepare the writ application

Follow the transfer order and issuing court’s directions. Practice Direction 83 identifies form PF92 for a transferred County Court possession order that does not require permission to issue the writ, filed with the applicable order or certificate and a draft writ.

05

Issue, allocate, notify and enforce

The writ is issued when sealed by the appropriate High Court office. It must then be allocated for enforcement. Where CPR 83.8A applies, the required N54 notice must normally be delivered at least 14 days before execution.

Do not book an eviction from the transfer order alone. The writ must be properly issued and allocated, any required notice must have expired, and any stay or later court order must be checked.
Notice before the eviction

Transfer notice and eviction notice are not the same thing

The notice required after issue of the writ is separate from notice of an earlier transfer application. CPR 83.8A and Practice Direction 83 set out the normal notice structure.

Situation Normal requirement Rule
First execution attempt Form N54 delivered to the premises not less than 14 days before execution. CPR 83.8A(2)(a)
Further execution attempt Form N54A delivered not less than seven days before further execution. CPR 83.8A(2)(b)
Who it addresses Everyone against whom the possession order was made and “any other occupiers”. CPR 83.8A(3)
True trespasser order Usually excluded, subject to the consent-based exception within the rule. CPR 83.8A(6)
The court can dispense with notice or shorten or extend the period. Do not assume that has happened unless the court has actually made the relevant order.
Prepare the file before asking for an eviction date

Documents and operational information to assemble

Early review reduces rejected filings, unsuitable attendance dates and avoidable delay.

Court papers

  • Sealed possession order and claim number
  • Transfer order under section 42 or qualifying N293A certificate
  • Money judgment, costs order or suspended terms relied upon
  • Any appeal, stay, set-aside request or subsequent order
  • Current High Court forms and draft writ appropriate to the case

Operational information

  • Full address, access points, plans and boundaries
  • Names and likely number of occupiers
  • Known children, vulnerabilities and support needs
  • Animals, hazards, weapons or previous incidents
  • Locksmith, client representative and key-handover requirements
A possession order and a money judgment are not interchangeable. A combined writ does not turn unadjudicated rent, charges or later sums into a judgment debt. The judgment wording, amount, interest, payments and enforceability must be checked.
Separate legal and operational functions

Who does what?

Creditor or authorised legal representative

Handles the court application and litigation decisions. Applying to court, corresponding within litigation and making submissions can amount to the reserved activity of conducting litigation. Independent legal advice may be needed.

Authorised enforcement officer and operational team

Once a valid writ is issued and allocated, enforcement proceeds under the authority of an Authorised High Court Enforcement Officer. UK Bailiffs can review operational papers, coordinate attendance and locksmith support, liaise with relevant parties and report the outcome.

Official rules and current forms

Check the source in force when the application is made

Rules, forms and fees can change. Use the current official version and the requirements of the relevant court office.

CPR Part 83 Writs, possession notices and transfer certificates Practice Direction 83 Forms and supporting documents for writs CPR Part 23 Applications, service and notice requirements County Courts Act 1984, s.42 Power to transfer proceedings to the High Court HMCTS civil forms Current N and PF forms by subject HMCTS court fees Current EX50 civil and family court fees
Frequently asked questions

Transferring possession orders to the High Court

Can transfer permission be requested at the possession hearing?
Yes. A claimant can ask the County Court to include transfer permission in the possession order. If permission was not requested or granted then, a later application will normally be required in an ordinary occupier case.
Can an N244 transfer application be made without telling the tenant?
Not automatically. CPR Part 23 generally requires the application notice and supporting material to be served. Without-notice treatment needs a proper procedural basis or court direction.
Does a transfer order mean the eviction can happen immediately?
No. The writ must still be properly issued and allocated. Any applicable N54 notice period must expire unless the court varies or dispenses with it, and any stay or later order must be checked.
Is form N293A used for every possession order?
No. CPR 83.19’s possession certificate route is confined to an order made in a possession claim against trespassers. Ordinary tenant and occupier cases follow the appropriate section 42 transfer route.
Is an N54 always unnecessary in a trespasser case?
No. CPR 83.8A(6) contains an exception to the exception for people who entered or remained with the consent of someone who then had an immediate right to possession. The actual basis of occupation must be checked.
What if the County Court refuses transfer?
County Court enforcement may remain available, subject to the order and rules. Any renewed application or appeal needs a proper legal and procedural basis; refusal does not create an automatic right to apply again.