Got a possession order, but cannot get possession because of CC Bailiff Delays? This could be the answer

June 2025

Today, I am interviewing Michael Jackson (MJ), Vice-Chair of the High Court Enforcement Officers Association (HCEOA), to learn more about how High Court enforcement could help some landlords evict tenants and take possession of their properties more quickly.

Marcus Selmon Chair of PLAN ( MS) 

MS: What is the difference between a High Court Enforcement Officer and a County Court one?

MJ: A High Court Enforcement Officer is a fully trained, qualified person who has been authorised by the Lord Chancellor to enforce High Court Writs. So is a County Court Enforcement Officer, BUT the big difference is High Court Officers are private and so you can choose which one to use, whilst County Court Officers are employed by the County Court, so you just have to wait your turn.

This means it is much quicker to employ a High Court Officer in most cases.

MS: What is this campaign all about?

MJ: Possession Orders are made in the County Court, so you have no choice as to which Officer you use. But if you could move your Order to the High Court, then that opens up a lot more options for Landlords with possession orders. 

We have started a campaign to allow Landlords to enforce their possession orders via the High Court. We’re partnering with the likes of the NRLA, Propertymark and Landlord Action as well as working with networks like PLAN to ask the Government to change the rules here.

MS: How can you get involved in the campaign as a Landlord?

MJ: We need Landlords to provide data and evidence to the Government to show them the scale of the problem landlords are facing. If Landlords can spare ten minutes to complete our landlords and property agents survey it will help us demonstrate how landlords are being unfairly affected by the delays in the County Court system.

We have the ear of the Government as an authorised body, as of course do our main supporters like the NRLA and Propertymark, so if Landlords give us the evidence, at the very least we will be heard and in the best case scenario, this change will be made. 

MS: If you wanted to transfer to the High Court now, is that not allowed?

MJ: Yes and no. It is allowed, but you have to apply to the Court to transfer your Order up to the High Court. That can take time, and to do that, it is best to have applied for that when you apply for possession. It can still be worthwhile, especially if you are in an area with major delays. 

What we are asking for is that the transfer should be allowed automatically if required. There is no reason why this should not be allowed because it is only going to happen for a Landlord with a possession order. So, there is no issue that the Landlord is entitled to possession. The only issue is whether it is fair that, because the Court system does not work properly, they should be subject to delays when there is an easy alternative route. 

We want government to change the section 42 process, amend the N293a order and make greater use of digital technology at every stage of the process so that landlords have a simple and easy freedom of choice between the current County Court bailiff option – which still works fine for some people – and using a High Court Enforcement Officer.

This will save the county court service millions of pounds a year, reduce needless bureaucracy, and provide landlords with quicker access to justice where they have problem tenants and have no option but to evict them.

MS: So if any Landlords have a problem today, it is best if they contact you and/or the HCEOA and see what can be done. But all Landlords should take a moment to complete the survey and help you get this change to the rules?

MJ: Yes

MS: Well, that seems sensible to me, and I am happy on behalf of PLAN to give our support to your Campaign and to urge those reading this article to do the same.

Just to repeat, you can fill out the survey in by clicking this link: Complete our landlords and property agents survey 

Further Reading: https://www.hceoa.org.uk/campaigns/helping-landlords-transfer-up

Thanks for letting us know all about this, Mike, and all the best for your campaign. Let us know how it goes.