When tenants refuse to leave a property even after a possession order has been granted, landlords have two main options for enforcement: County Court bailiffs or High Court Enforcement Officers (HCEOs). While County Court bailiffs are commonly used, more and more landlords are turning to the High Court to enforce evictions—using a powerful legal tool known as a Writ of Possession.
In this article, we’ll explore what a Writ of Possession is, when it’s appropriate to use High Court enforcement, and the key benefits it offers for landlords seeking a faster eviction process in England and Wales.
What Is a Writ of Possession?
A Writ of Possession is a legal document issued by the High Court that allows an authorised High Court Enforcement Officer to evict tenants and regain possession of a property. It is used after a County Court has already granted a possession order but the tenant has failed to vacate the premises.
This method is often seen as a faster and more effective alternative to using County Court bailiffs.
When Can You Use a Writ of Possession?
- Faster Eviction Timeline – HCEOs can usually act within 7–14 days of being instructed, whereas County Court bailiffs often have backlogs of 6–10 weeks.
- Greater Authority and Impact – High Court enforcement often leads to faster compliance due to the seriousness of the action.
- No Further Court Hearing Needed – Once permission is granted, the HCEO can proceed with minimal delays.
- Ideal for Complex or High-Risk Cases – Especially helpful when the tenant is obstructive or has a history of default.
How to Apply for a Writ of Possession
You can apply for a Writ of Possession in the following circumstances:
- A County Court possession order has been obtained.
- You want to transfer the enforcement to the High Court.
- The tenancy is residential or commercial.
- Permission from the court has been granted or can be requested under Section 42 of the County Courts Act 1984.
If permission is granted during the original court hearing, the process becomes even quicker. At Evictors, we help ensure this is requested upfront to avoid delays.
Important Considerations
- Costs are typically higher than using County Court bailiffs, but often justified by the time saved.
- Proper notice (Form N54) must still be given to the tenant.
- Not all judges will automatically grant permission—justification is needed in your application.
Conclusion
High Court enforcement via a Writ of Possession is a powerful option for landlords who need to recover possession of a property quickly and effectively. While it involves a few extra steps, the time savings, professionalism, and legal strength make it a worthwhile route for many cases.
If you’re dealing with a tenant who won’t leave after a court order, it may be time to escalate the matter to the High Court.
