As you may know, at the beginning of April 2016, changes to the process for transferring an order for possession against a tenant to the High Court for enforcement were introduced.
Over the last few weeks, there have been some tweaks and refinements to the process, and we understand that it has now been completed.
We understand that the new process is being communicated out across the District Registries.
Here is our understanding of how the new process works and the forms and fees it entails. At The Sheriffs Office welcome the regularisation of the transfer up process which we are, naturally, fully complying with.
Step 1 – leave to transfer
Permission to transfer the order for possession to the High Court for enforcement must be applied for and obtained under Section 42 of the County Courts Act 1984.
The best time to do this is at the point of initial application for the order for possession.
If you did not obtain permission at the time of initial application, then you can do so using form N244, which incurs a court fee of £100.
Step 2 – permission to issue a writ of possession
Again using form N244, you apply to either the High Court or the District Registry for permission to issue a writ of possession under CPR 83.13(2). There is a court fee of £100, as a hearing is not normally required.
If an “on notice” hearing is required, this court fee will increase to £255.
Step 3 – form PF92
Form PF92 needs to be completed, which is 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. There is no court fee for this form.
Step 4a – form PF88 for a possession order only
The form PF88 is the request for the issue of the writ of possession and the request that it be sealed at the High Court or District Registry. There is a court fee of £66.
Step 4b - form PF89 for a possession order and recovery of money
The form PF89 is the request for the issue of the combined writ of possession and writ of control and the request that it be sealed at the High Court or District Registry. There is a court fee of £66.
Court permission is not required to transfer up the money judgment or order (for example rent arrears or costs).
Steps 3 and 4 combined
Forms PF92 and PF88/PF89 can be submitted at the same time. Here at The Sheriffs Office, we can guide you through the process.
Step 5 – Form No.66
Form No.66 is for the writ of possession and the request that it be sealed at the High Court or District Registry.
Once the writ of possession has been awarded, the enforcement process will commence.
And if you have any questions, just give us a ring on 0333 001 5100.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance