As Head of Housing at Amin Haque Solicitors, I’ve witnessed the deep frustration felt by landlords trying to navigate the worsening crisis of bailiff delays. Landlords who have already secured possession orders—whether it’s for properties tied up in lengthy rent arrears or awaiting vacant possession for a sale—are often left in an impossible situation. These delays, stretching to mid-2025 in some courts, have serious financial implications and leave property owners feeling powerless and burdened.
Understanding the Challenges
The current strain on the courts, especially in London and other major cities, has created a dire backlog. It’s not just the stretched resources at play; local councils, overwhelmed by the housing crisis, are advising tenants to remain in their homes until a bailiff arrives. This means landlords, even those who have followed every legal requirement, are facing long waits and accumulating losses. The worst affected are small landlords with ongoing mortgage payments.
Exploring Solutions: High Court Transfer
One potential solution for landlords is to apply for a High Court transfer. By obtaining a writ of possession, landlords can instruct a High Court Enforcement Officer, significantly speeding up the eviction process. While this option is faster, it comes with higher costs and must be considered carefully. As much as we understand the financial impact, we also urge landlords to think about the potential hardship this might cause tenants.
The Hig Court transfer is not a guarantee as we will need the a county court Judge’s permission to transfer to the High Court. Permission should be provided in cases of exceptional hardship to the landlord or excessive rent arrears. However, the equal is true if the hardship of the tenant would be greater.
Is a tranfer to the high court quicker? It should be. However, with anything involving our legal system, there is no guarnatee. Depending on the court and the Judge dealing, the application could take a couple of weeks to, in some cases a couple of months, depending the efficiency of that particular court.
Once you have transferred the matter to the high court, the rest of the process can be completed in a few weeks.
How much does it cost to transfer a possession claim to the High Court? We are able to deal with these matters on a fixed fee basis, to cover the application for a transfer, instruction of a high court enforcement officer and managing the full bailiff eviction process. A reputable High Court Enforcement Firm will charge approximately £525. There are 2 sets of court fees to pay: Application fee of £119 or £303 is a hearing is needed. We encourage landlord’s to enquire with Amin Haque Solicitors for full break down of our fees.
