Applying for possession order and leave to transfer up at the same time

by David Asker

8 months ago

Applying for possession order and leave to transfer up at the same time

Make Text Bigger
Applying for possession order and leave to transfer up at the same time

A landlord can concurrently apply for a possession order and leave to transfer up to the High Court for enforcement. This can and should be done if you feel your property is at risk from tenants who may wish to destroy or damage your property as there can be a long wait for a County Court bailiff to attend to your eviction.

What are the advantages of applying concurrently?

County Court bailiffs in some areas have very long waiting lists to attend, it can be up to 45 weeks from the date of starting your claim to attendance at your property. This can obviously lead to substantial rental arears if the tenant is remaining in the property for this lengthy period.

How do I apply?

You must apply at the County Court for leave to transfer under s.42. You can do this by using a draft order or claim particulars.

If an application is made after you’ve made the order for possession, you’ll need to use form N224 and a fee of £100 will apply.

You can improve your chances of success by using accurate information, statements that back up your application and remaining factual. For example, you might want to include information about anti-social behaviour, loss of rent, damage to property or any violent or aggressive behaviour. You can also attach a claim for money to the possession order for unpaid rent.

The following is a good example of wording you can use on the application form:

Following the possession order granted to [claimant], the tenant has not left the property by the date stipulated. The order states the right to ask the court, without further hearing, to authorise a High Court Enforcement Officer to evict the tenant. I have been advised by the court that the County Court Bailiffs will be unable to carry out the eviction before [date]. I therefore request that the Judge permit that the case be transferred without delay to High Court Enforcement Officers for enforcement purposes, as covered by Section 42 of the County Court Act 1984, to prevent further loss of rental income, which is currently over £X.”

If the possession order was awarded by virtue of Section 8 rent arrears, you can also add:

“We also request a money order enforceable by a High Court Enforcement Officer for £Y on a ‘rolling’ basis of £X per day for use and occupation from the date of judgment to the date of possession.” 

What happens once leave to transfer up is granted?

If leave to transfer up is granted, you’ll need to serve papers to the defendant. The papers you serve must include the order for possession, and your order under section 42 granting leave to transfer up.

You will then need to complete form N215 declaration of service or witness statement.

Once these steps have been completed The Sheriffs Office are able to commence their part in the successful possession of your property, this will be completed 7 days after the notice of possession has been received by your named High Court enforcement officer.

Contact The Sheriffs Office



Comments

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Can I pay all my tax in the Isle of Man

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More