How to Get a Bailiff for Eviction in the UK

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How to Get a Bailiff for Eviction in the UK

Introduction

Evicting a tenant in the UK requires a legal process that must be followed correctly to avoid any legal repercussions. Landlords who have gone through the proper eviction specialists procedure and obtained a possession order from the court may still face resistance from tenants who refuse to vacate the property. In such cases, landlords can apply for a bailiff to enforce the eviction. This article provides a step-by-step guide on how to get a bailiff for eviction in the UK.

Understanding the Eviction Process in the UK

Before involving bailiffs, it is important to understand the eviction process in the UK. The process generally follows these steps:

  1. Serving a Notice to Quit – The landlord serves the tenant a Section 8 or Section 21 notice, depending on the grounds for eviction.

  2. Applying for a Possession Order – If the tenant does not leave after the notice period, the landlord can apply to the court for a possession order.

  3. Obtaining a Warrant of Possession – If the tenant still refuses to leave after the possession order is granted, the landlord can request a warrant of possession to involve bailiffs.

  4. Hiring a Bailiff for Eviction – The bailiff will enforce the eviction by removing the tenant from the property.

Types of Bailiffs for Eviction

There are two main types of bailiffs involved in the eviction process:

1. County Court Bailiffs

  • Employed by HM Courts & Tribunals Service (HMCTS).

  • Used when a landlord applies for a warrant of possession at the county court.

  • Typically take several weeks to schedule an eviction due to high demand.

2. High Court Enforcement Officers (HCEOs)

  • Private enforcement agents authorised to carry out evictions.

  • Require a High Court Writ of Possession, which must be transferred from the county court.

  • Faster and more efficient than county court bailiffs but more expensive.

When to Apply for a Bailiff

A bailiff is necessary if a tenant refuses to vacate the property after a possession order has been granted. The next step is obtaining a warrant of possession from the court, which allows the bailiff to legally remove the tenant.

Applying for a County Court Bailiff

To apply for a county court bailiff:

  1. Complete Form N325 – This is the “Request for Warrant of Possession” form.

  2. Submit to the County Court – Along with the court fee (currently around £130).

  3. Wait for the Bailiff’s Appointment – This can take 4-8 weeks.

Transferring to the High Court

If a landlord wants a faster eviction, they can transfer the case to the High Court for enforcement by an HCEO.

  1. Apply to the County Court – Request permission to transfer enforcement to the High Court.

  2. Obtain a High Court Writ of Possession – If permission is granted, an HCEO can be appointed.

  3. Hire an HCEO – The landlord must contact a private enforcement company to carry out the eviction.

Costs Involved in Hiring a Bailiff

  • County Court Bailiff: Approximately £130.

  • High Court Bailiff (HCEO): Can range from £500 to £2,000, depending on complexity and location.

  • Additional Costs: Court fees, legal advice, and locksmith services on the day of eviction.

Role of Eviction Specialists

Eviction specialists help landlords navigate the legal process and ensure compliance with the law. Services offered include:

  • Drafting and serving eviction notices.

  • Handling court applications.

  • Arranging bailiff appointments and execution of eviction orders.

Finding an Eviction Specialist Near You

If you require professional assistance, searching online using terms like “eviction specialist near me” can help locate local experts. Additionally, checking reviews and credentials ensures you work with a reputable service.

Conclusion

Hiring a bailiff for eviction in the UK requires following the correct legal steps. Landlords must obtain a possession order, apply for a warrant of possession, and decide between using a county court bailiff or a High Court Enforcement Officer. While county court bailiffs are more affordable, HCEOs offer a faster solution. Seeking help from an eviction specialist can streamline the process and ensure compliance with legal requirements.

 


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