Following our recent webinar on the subject of tenant eviction from residential property via HCEOs, we bring you part 1 of the answers to the many questions raised by participants.
How do we request permission to transfer to the High Court when issuing proceedings under the accelerated procedure, as there is nowhere on the N5B form to request this and no hearing takes place at which to request permission?
Permission to transfer enforcement can be requested in para. 8 of the claim particulars (form N119) or alternatively by an accompanying witness statement and draft order.
Is it possible to include a request for transfer to the High Court at a later stage than the claim form in a section 21 matter, i.e. at the point of applying for possession order or at the point of enforcement?
We would recommend that you request permission to transfer to the High Court under section 42 of the County Court Act 1984 on the particulars of claim. However, you can apply at a later date using form N244 but this attracts an additional delay and court fee.
Do you send the form PF88 with the N244 when applying?
Form PF88 and N244 are applied for after enforcement has been transferred from the County Court. The forms are required when seeking permission to issue the writ in the High Court. There are 5 forms at this stage and most High Court enforcement agencies will assist:
- Form PF92 - the order for permission to issue a Writ of possession in the High Court and request that it be sealed at the High Court or District Registry
- Form PF88 (possession order only) or Form PF89 (possession order and recovery of money) - the request for the issue of the Writ
- Form No.66 - is for the Writ of possession and the request that it be sealed at the High Court or District Registry.
- Form N244 – the application to issue a Writ
- Form N215 – the certificate for serving the N244 on the occupants.
Here at The Sheriffs Office, we can guide you through the process. You can read more in this article.
There is no standard wording on the claim form to transfer up to the High Court – what would you suggest putting in?
We would suggest wording such as:
I hereby request permission to transfer enforcement of the order of possession to the High Court.
Pursuant to CPR 83.13 (2) & (8), the defendant will be served with notice of any application to issue a writ of possession in the High Court and an order in form PF92 will be sought after transfer.
The defendant will be given 7 days’ notice of the exact date of execution and the costs to be borne by the Landlord.
I am going through accelerated possession but did not request transfer to high court. Do I now have to wait until possession is given and retrospectively ask for transfer as no physical court hearing will be made?
Yes, you will need to apply retrospectively using form N244. Template available on request.
What is the procedure for serving notice for commercial property which has residential flats?
We recommend you seek legal advice for your specific case as there are various claim forms and notices for these circumstances.
In general, how much would the total costs be (including court fees) for High Court eviction if a) permission to transfer is already obtained or b) if permission is not granted?
- Court fees £166 and enforcement from £295+vat (assessed upon instruction)
- Court fees £266 and enforcement from £295+vat (assessed upon instruction)
Who pays the HCEO eviction fee?
The landlord or instructing party will pay the eviction fee.
Do we have to serve an N244 on the tenant when we apply to the court?
Yes, N244 for permission to issue the writ in the High Court must be served on the tenant.
If I have had an order for possession granted and tenants have absconded how do I now go to claim the monetary losses?
If you added a money order to the possession claim, then this can be enforced against the tenants once they have been located. A trace might assist with this.
If you do not have a money order, you will need to apply for judgment and then transfer it to the High Court for enforcement under a writ of control.
However, it is worth considering whether there are sufficient assets and that the tenants can be located before committing to the time and expense of going back to court.
Is a judgment valid for 6 years from the date of the debt or from the date of the judgment?
The judgment is valid for 6 years from the date that the judgment was awarded.
Can you please give us the URL of the Government booklet "How to rent"?
You can find the latest version on the GOV.UK website
Alex Hill is the Evictions & Security Manager at The Sheriffs Office