We are very pleased that the Ministry of Justice has now issued guidance on the procedure for the transfer up of possession orders.
This will give clarity to those judges who were not inclined towards giving permission, and will also stop a minority of other enforcement agents who were making it up as they went along.
The new guidance
- Application to transfer the possession order is to be made on form N244
- A supporting fee needs to be paid, whether the application is without notice or on notice
- The application to transfer needs to be made regardless of whether there is an existing warrant of possession
- The current occupant must have received sufficient notice of proceedings to allow them to apply to the court for relief (apart from in the case of trespassers)
- Applications will be considered by a District Judge, who will decide whether a hearing is required
- When the transfer order is granted it means that the County Court bailiffs loses enforcement jurisdiction
Update May 2016: the transfer up process for the eviction of tenants from residential property was regularised, with the introduction of a new process and forms. You can read more in this article and you can download our updated free eBook guide.
When permission to transfer is not required
Where the claim is against trespassers, provided the writ is issued within three months of the order, permission to transfer to the High Court for enforcement is not required.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance