If your tenant(s) fails to give up vacant possession of your property although the time to do so according to your possession order from the County court then you must instruct a bailiff. A landlord must use a county court bailiff or a High court enforcement officer.
Once your lawyers have made an application to the court for the bailiff the court will issue a warrant number. Once you have a warrant number the county court bailiff will then issue the landlord and the tenant(s) a date and time of the eviction.
County court bailiffs are very stretched with excessive work load and at the moment (12/10/2016) it is generally taking 6 to 8 weeks for the bailiff to evict a tenant.
Beware bailiffs are not carrying out any eviction where a landlord has failed to provide the bailiff risk assessment form.
The Court requires the landlord to complete a risk assessment questionnaire, so that any risk is highlighted in advance. The eviction will only go ahead if the risk assessment form is submitted to court by you in advance of the eviction date. If you have not received a risk assessment form then please contact the court or download by clicking <here>.
Should I use a High Court Bailiff or a County Court Bailiff?
A High Court Bailiff (High enforcement officer) is much quicker than a County Court Bailiff.
As our standard procedure our Advocate will usually request leave to transfer the case to the High Court. Some Judges maybe unhappy with this request as they may feel the relevant court can deal with an eviction in a timely manner and may refuse this request.
Once leave to use the High Court is granted by the judge then your possession claim can then be transferred to the high court, which involves further paper work and a court fee.
For many properties in London it makes financial sense using high court enforcement to due to potential rent loss -v- delay in the eviction taking place via a county court bailiff.
If you want to use the high court route then our office can deal with this quickly and on average we can have the tenant evicted within 7 days of instructions.