Accelerated Bailiff Application Rent Arrears


Under  Section 42 of the County Court Act 1984, to prevent further loss of rental income, if the Landlord can satisfy the Judge at the court hearing for rental arrears that their losses will accrue then the Judge has the right to exercise his/her discretion in allowing the transfer to the HCEO.

It will be down to you to persuade the Judge

  • The way to achieve this is provide an up to date rent statement that demonstrates that the tenants conduct (repeated no payment especially recently makes it predictable that you loss will increase)
  • You must be able to demonstrate to the Judge a pattern of behaviour on the tenants’ part. The arrears schedule required is very precise in content Print letter
  • It is also important you speak with the local Court Bailiff Manager so you can convey to the Judge -I have spoke with Mr Smith Bailiff Manager on XYZ date and he has said it is currently taking X Weeks to secure a bailiff date - so my losses are likely to increase further.
  • It is important that the request to use the HCEO under Section 42 of the County Courts Act 1984. This provision deems that the enforcement of a judgment or order can be transferred from the County Court to the High Court for the purposes of enforcement; however it remains a County Court order.
  • The request to use the HCEO is free and is merely a clause added to the order. The landlord will still be able to use the County Court Bailiff if preferred but by having this clause added it offers the landlord the choice of either.   
  • Further help see HCEO High Court Enforcement Section 42
  • Important Certificate of Service - The courts are insisting that the Landlord complete a court form statement of truth with all applications for possession YOU MUST COMPLETE Certificate of service Witness
 
So request in writing - similar to
 
Dear Honor
 
I would be grateful if you could grant me a possession order that also provides me the option to use a High Court Enforcement Officer to evict the tenant under Section 42 of the County Courts Act 1984.
 
I have spoke with  Mr Smith Bailiff Manager on XYZ date and he has said it is currently taking X Weeks to secure a bailiff date. 
 
As can be seen my Tenant currently owes me X (attach current rent statement  Print letter) and my concern is the delay in using the County Court Bailiff will increase my losses further
 
Signed
 

Value for money loss risk reward

Make a calculated decision will incurring the extra £400 cost over a County Court Bailiff present good value. If the rent is £400 and you're not being paid then waiting 4-7 weeks for a county court Bailiff then utilising Section 42 process is good value.

Minimises Damage maximise debt recovery

If the Judge Awards a possession order that the Tenant vacate in 28 days and pay monies due to you in 28 days the harsh reality they are unlikely to comply- Where the HCEO may work in your favour is if the Tenant has nice possessions then [in theory] the bailiff could cease these to settle your debt. But should the Tenants appreciate the magnitude of a private bailiff they may simply vacate as to avoid their goods being ceased - It really is a case by case basis  - what will apply the maximum pressure in order they leave to reduce your loss.  
 
Should you secure possession using the Section 21 process (Before abolished in theory your possession N26 may be delayed appeal so could be late 2026)  and be refused permission to evict the Tenant using an HCEO then consider applying for a Warrant of Execution for the debt [if you have a possession order and the Tenants don't intend leaving you can secure a money order becuase we know where they live - again this applies pressure to get them to leave - because if they dont a bailiff can cease their possessions.