County Court Bailiff Warrant of Possession – Quick Summary
For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.
For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.
Every day, over 170,000 people like you visit our website seeking guidance on debt matters. Our team of experts is here to guide you through your worries about a County Court Bailiff Warrant of Possession.
In this article, we will answer your most pressing questions:
- What is a possession order, and how does it work?
- Can and how do bailiffs evict tenants?
- What are the costs involved in getting a warrant of possession?
- How long does the whole process take?
- Can you avoid eviction?
Shelter found that no-fault evictions have increased by 143% in recent years – with bailiffs often used as eviction enforcers1. So, we understand how stressful it can be to deal with them.
But don’t worry; we’re here to help you find a way out. Below, you’ll find useful advice on what to do when the bailiffs arrive and how to manage your debt.
Let us help you navigate this difficult situation.
What is a possession order?
A possession order is a decision from a court that allows a landlord to take back possession of their property. A landlord will usually apply for the order because their tenants are in rent arrears.
The landlord cannot just kick the tenant out of the property; they must get a possession order granted from the courts first. The order will state a date that the tenants must leave. The eviction notice is typically between 14 and 28 days after any court hearing or decision.
In some circumstances, the judge may reject the landlord’s claim because they have acted inappropriately. A hearing gives the tenant the chance to claim any wrongdoing by the landlord.
The judge may apply a suspended order, meaning the court gives permission for the tenants to continue living there but they must pay the rent.
Warrant and possession order costs
The standard possession order process is charged at £355, but a judge can pass any of your legal fees to the tenant.
There is an accelerated possession order to remove tenants, which costs the same fee as the standard process. It can only be used if you are not claiming rent arrears and the tenants have ignored your Section 21 Notice.
You can learn about the Section 21 and Section 8 notices here. Any person transferring a county court possession order to the high court will have to pay £66.
Applying for a warrant for possession will cost £121.
How much do bailiffs cost to evict a tenant uk
There can be financial implications of eviction.
The cost of evicting a tennant in the UK typically ranges from £1,300 to £2,200. This number will differ depending on whether you go through the High Court or the County Court.
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Can bailiffs evict tenants?
If a possession order is ignored, the court can instruct bailiffs to evict tenants. This is part of their legal enforcement procedure.
To enforce a possession order in this way, the landlord must apply for a warrant of possession to be issued. This will then provide a new eviction date, which will be imposed by County Court Bailiffs or High Court Enforcement Officers.
There is a difference between HCEO and a County Court Bailiff.
An HCEO, on the other hand, can evict someone within 7 days. In extreme cases, the eviction can take place within 24 hours.
Shorter time scales usually mean that the HCEO has personally gone to the High Court to get a Writ of Possession immediately.
That said, a landlord can only get an HCEO to enforce a possession order if they were allowed to do so by the County Court. However, if the Possession Order has been made against trespassers there is an automatic assumption that an HCEO can be used.
Other than timeframes, the key difference between a County Court Bailiff and an HCEO is their legal powers.
An HCEO does not need permission to enter your property to evict you or remove your goods but a bailiff does.
Your Rights With Bailiffs
I shared with The Mirror how important it is to know your rights when faced with bailiffs at your front door. I’ve put together this table that summarizes what I said.
For more information on what bailiffs can and can’t do, don’t forget to read our detailed guide.
| Bailiffs Can | But They Can’t |
|---|---|
| Call and visit your home multiple times, any day of the week. | Visit your workplace (if you are not self-employed) |
| Take items from your home. These items have to be considered ‘luxury’. | Take essential items from your home. This includes beds, clothing, and work equipment. |
| Use ANPR technology and DVLA information to locate your car and take it. | Enter your home without permission unless they have a warrant to force entry for a CCJ. |
| Peacefully enter your property. | Harass or threaten you. |
| Issue notices to those who owe a debt. | Take items that belong to someone else. However, they may be able to seize jointly owned property. |
| Offer to conduct a Virtual Controlled Goods Agreement (rather than in-person). This will typically be offered to vulnerable people. | Sell goods they have seized at auction until seven clear days have passed. |
How to apply for bailiffs to evict tenants
To apply for a possession warrant, landlords must fill in Form N325. You can get help with this form from a debt advice charity or organisations like Shelter.
Bailiffs will attend the property on the eviction day and use a locksmith to seize possession if needed – and to change the locks straight after.
Landlords usually attend as well but keep away from the bailiff procedure for their personal safety in case the tenants become aggressive. An alternative way to get back possession of a property if the possession order has been ignored is to transfer the case to the high court.
Once successfully transferred, high court enforcement officers can enforce the eviction, which tends to be somewhat quicker.
How long does a possession order last?
A possession order remains active for six years after it is granted. During these six years, you can ask request a warrant for possession or have the matter transferred to the high court.
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How long does it take to get a county court bailiff warrant for possession?
The average timeframe to get a warrant of possession is around ten weeks. However, this may change in light of the COVID pandemic and other factors, such as eviction bans.
How long does an accelerated possession order take?
An accelerated possession order can take between six to ten weeks in normal circumstances. However, at the time of writing, the service and your hearing may be delayed due to the pandemic.
How do bailiffs evict tenants?
With a court bailiff warrant, the eviction process begins with an enforcement agent providing two weeks’ notice of the planned eviction date.
The eviction notice period is usually sent in a clear envelope to anyone named on the original order for possession and “any other person” residing in the housing.
What happens when the county court eviction bailiffs arrive?
The agents will arrive between 9am and 5pm if they are from the county court. If they are from the high court, they can turn up in unsociable hours – including early morning and late at night.
They will ask you to leave and for you to hand back the keys. They will give you reasonable time to remove your belongings, but you should have these mostly prepared to relocate. You can ask them for identification first.
The enforcement officer may use a locksmith to open the doors when a tenant is refusing to leave. Having a locksmith on hand is useful because it then allows the landlord to change the locks of the property afterwards.
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How long does a county court bailiff eviction take?
Bailiffs cannot provide their services instantly or the next day. Landlords may have to wait over a month for a county court bailiff to become available to enforce the warrant.
A high court enforcement service will usually be quicker. Execution of the warrant and eviction will happen on the same day.
When your landlord doesn’t need a possession warrant
There is one scenario when your landlord may not need to apply for possession or get a warrant. This is when you live in the same accommodation as your landlord, i.e. inhabiting the same property.
In these situations, speak to Citizens Advice for guidance.
Can I avoid eviction?
If you have debts and are being evicted because you couldn’t pay for your rent, you may be able to benefit from a debt solution or other rent arrears assistance.
There are several different debt solutions available in the UK, so I recommend speaking to a debt charity as soon as possible. Their advisors will be able to look at your finances in detail and help you work out which debt solution will work best for you or if they are appropriate in your circumstances.
I have linked a few charities that offer these advisory services for free below.
Debt Management Plan (DMP)
A DMP is an informal debt solution that lets you pay off your debts via a single monthly payment.
Because it is informal, it is not legally binding so you are not tied into a DMP for a minimum number of payments.
Individual Voluntary Arrangement (IVA)
An IVA is a formal agreement between you and your creditors. You agree to pay a monthly sum that is distributed amongst your debts, and your creditors agree not to contact you during your IVA.
IVAs typically last for 5 or 6 years, and any outstanding debt is wiped off when it ends.
Keep in mind that IVAs are not suitable for everyone. You need to owe several thousand pounds to more than one creditor to be eligible. You also need to demonstrate that you have some disposable income every month.
Trust Deed
IVAs are not available in Scotland. Instead, you will need to opt for a Trust Deed.
Trust Deeds work in the same way as an IVA – you pay an agreed sum each month that is shared amongst your creditors, they can’t contact you, and any leftover debt at the end of your Trust Deed term is written off.
Debt Relief Order (DRO)
A DRO is a good option for those facing financial hardship with no assets and little income.
For 12 months, you make no payments, but your creditors freeze your interest and don’t contact you.
If your finances haven’t improved during this year, you may be able to write off your unsecured debts.
Bankruptcy
If you have debts but no realistic possibility of ever paying them off, you may need to declare bankruptcy.
Bankruptcy has an unfair stigma attached to it as it may be your only way of getting a financial fresh start. That said, it is a serious financial situation that should not be taken lightly.
Sequestration
Sequestration is the Scottish version of bankruptcy.
If you have little income and no valuable assets, you may be able to apply for a minimal asset process bankruptcy (MAP). A MAP is a quicker, cheaper, and more straightforward version of sequestration, so worth considering.
I’m going to be homeless – help!
As soon as it becomes apparent that you will lose your home – act!
Speak with your local council to apply for emergency housing. As part of the Homelessness Reduction Act 2017, they can help. Do this when you receive the initial notice rather than waiting for the bailiff to turn up.
Contact charities like Shelter for more advice or tenant support services.
FAQs
