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Transferring a Possession Order to the High Court: A Step-by-Step Guide
Facing delays with County Court bailiffs? Transferring a possession order to the High Court can expedite property recovery, leveraging High Court Enforcement Officers (HCEOs) for faster enforcement. Below, we outline the steps, required forms, and key considerations, accurate as of July 1, 2025, ensuring you reclaim your property efficiently.
Why Transfer to the High Court?
A County Court possession order allows landlords to reclaim their property, but bailiff delays—often up to 12 weeks—can lead to mounting rent arrears, property damage, or anti-social behavior. Transferring to the High Court under Section 42 of the County Courts Act 1984 enables HCEO enforcement, often within days, compared to weeks with County Court bailiffs.
Step-by-Step Procedure
Here’s how to transfer a possession order to the High Court, with links to necessary forms and key actions:
Form: N244 - Application Notice ( Form N244 )
Action: Submit Form N244 to the County Court where the possession order was issued, with a £303 court fee (accurate as of July 1, 2025, subject to change). Include evidence of delays with County Court bailiffs, such as waiting times up to 12 weeks, and reasons for transfer, like rent arrears, property damage, or anti-social behavior, as per Civil Procedure Rules (CPR) 30.3(2).
Form: None (Letter required)
Action: Notify every person in actual possession of your intent to escalate to the High Court, giving them a chance to appeal, as required by case law like Partridge v Gupta [2017] EWHC 2110. Serve a 14-day eviction notice before the eviction date, addressed to all named on the order and “any other occupiers.” Deliver via letter box in a sealed transparent envelope, main door, or stakes if not practicable. Failure to provide sufficient notice risks the writ being set aside.
Note: No notice is required for trespassers without permission.
Form: PF92 ( Enforcement Forms )
Action: For non-trespasser claims (or trespasser claims over 3 months old), apply to the High Court for permission to issue the writ, as per CPR 83.13. Submit Form PF92 with supporting evidence, such as delays or changes in circumstances.
Note: Trespasser claims within 3 months may not require this step, as per CPR 83.13(2).
Forms: PF88 (possession only), PF89 (possession and control), Form No. 66
Action: After obtaining permissions, submit PF88 for possession only or PF89 for possession and control to the High Court, with a £78 fee to seal the writ. The writ is issued on Form No. 66.
Form: Writ No. 66 ( Form No. 66 )
Action: Once the sealed Writ of Possession is received, forward it to UK Bailiffs. Our HCEOs will serve the writ, provide at least 14 days’ notice before eviction as per CPR 83.13(8), and execute the eviction.
Procedural Flow Chart with Links to Forms
| Step | Form | Link | Action |
|---|---|---|---|
| 1. Apply for Permission to Transfer | N244 | Form N244 | Submit to County Court with £303 fee, include evidence of delays and reasons for transfer. |
| 2. Inform the Tenant | None | N/A | Send notice to all in possession, including 14-day eviction notice. |
| 3. Apply for High Court Permission | PF92 | Enforcement Forms | Submit to High Court for non-trespasser claims or trespassers over 3 months. |
| 4. Request the Writ of Possession | PF88 / PF89 | Forms , No. 66 | Submit with £78 fee to High Court; Writ issued on Form No. 66. |
| 5. Forward Sealed Writ | Form No. 66 | Form No. 66 | Send to UK Bailiffs; HCEOs serve writ and complete eviction. |
Conclusion
Transferring a possession order to the High Court is a strategic move for landlords facing delays. The process involves submitting Form N244, notifying tenants with a 14-day eviction notice, applying for High Court permission with Form PF92 if needed, requesting the writ with PF88 or PF89, and forwarding the sealed writ (Form No. 66) to UK Bailiffs for swift enforcement. Always consult a legal professional for tailored advice to ensure compliance with all legal requirements.
Key Citations
- Form N244 Application Notice
- Enforcement Forms Justice UK
- Combined Writ of Possession and Control Form No.66
- List of Civil Court Forms
- Shelter Legal England: Enforcement of Possession Orders
Disclaimer: We are not a law firm; please consult a legal professional. Don’t share information that can identify you.
