Seeking permission to appoint private Bailiff

This is extremely complicated and should only be considered where the Rent Arrears are accruing. It may be a case we elected not to evict via the Section 8 route for there was risk of counter claim or felt Section 21 would be faster
 
If you follow our process you could achieve eviction faster - but as we clearly state this is at the Judges' discretion
 
 
 

Only CONSIDERED a request for Accelerated Bailiff Application if Rent Arrears are likely to be increased by a delay in appointing couty court Bailiff 

Under Section 42 of the County Court Act 1984, to prevent further loss of rental income, if the Landlord can satisfy the Judge that their losses will accrue then the Judge has the right to exercise his/her discretion in allowing the transfer to the HCEO. This can be achieved by stating such on the possession order
 
The decision to transfer the Order to the High Court is down to the discretion of the Judge and it is important to note that permission is not always granted, it will be down to your application to persuade the Judge to exercise his/her discretion in allowing the transfer to the HCEO.
 
This process is typically used for Section 8 Claims for rent arrears but we have known sympathetic Judges allow a Landlord to accelerated eviction by appointment of a private Bailiff Further help see HCEO High Court Enforcement Section 42
 
In a recent case a members' application (possession order awarded via Section 21 then request to appoint High Court Officer) was initially rejected and he was sent to and fro between the courts
  • Feedback from Mr Kiparia Without 66 form clerk will not process the order. I had similar problem. I only took N293A to the High Court and clerk refuse to process unless I complete 66. N293A needs to be signed and sealed by the County Court . So I had to take this form to the County Court with N26 Order for Possession ( you need to book prior appointment otherwise they don't see you). The county clerk check the record then sealed and dated part 2 of N293A.
 
The Technical problem appears - accelerated possession is possession ONLY not money (writ)  so a money order (writ) was required to appoint HCEO and be eligible to use N293A

The problem is - do you ?

a) Keep Section 21 application simple and a ask for possession by post with no contest - then after apply to upgrade possession order read more
 
b) Attach additional piece of paper with your claim asking the Judge to allow you to appoint a HCEO - This action in itself may cause the Judge to allocate a hearing which could add delays to the Section 21 process - This really is case of which Judge processes your application and they tend not to like things that deviate from the normal process . The Judge does have the discretion to add onto possession order.
 
If you decide to attach a request to use HCEO consider a letter similar to
 
 
Dear Sir/Madam/Justice
 
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.
 
I do not require a hearing and will respect your decision, in light of my continuing rent arrears, on this matter
 
Signed
 
 
Name
Address
Phone
 
ends
 
NOTE  If the Tenant has not paid in recent months then this support your request - if being paid by council argument may prevail your losses are not increasing