When to Instruct Bailiffs for Tenant Removal in the UK

Introduction

Tenant eviction in the UK is a legal process that must be followed meticulously to ensure compliance with the law. If a tenant refuses to vacate after receiving a possession order, landlords may need to instruct bailiffs for tenant removal. This article explores when and how to instruct bailiffs, the different types of bailiffs available, and the role of eviction specialists uk.

Understanding the Legal Eviction Process

Before instructing bailiffs, landlords must follow the legal eviction process. The main steps include:

Serving a Notice to Quit – Either a Section 21 or Section 8 notice must be served to the tenant, depending on the circumstances.
Applying for a Possession Order – If the tenant does not leave after the notice expires, landlords can apply to the court for a possession order.
Requesting a Warrant of Possession – If the tenant remains after the possession order is granted, the landlord can apply for a warrant of possession.
Instructing Bailiffs for Removal – Once a warrant is granted, bailiffs can be instructed to enforce the eviction.

When to Instruct Bailiffs

Bailiffs should be instructed when:

A possession order has been granted, but the tenant refuses to vacate.
A warrant of possession has been obtained.
A tenant is delaying the eviction process despite court orders.
The landlord wants to ensure the eviction is carried out legally and professionally.

Types of Bailiffs for Tenant Removal

There are two types of bailiffs landlords can instruct in the UK:

1. County Court Bailiffs

Employed by HM Courts & Tribunals Service (HMCTS).
Used for enforcing possession orders issued by the county court.
Can take several weeks to schedule an eviction due to workload.
More affordable but slower than High Court Enforcement Officers (HCEOs).

2. High Court Enforcement Officers (HCEOs)

Privately hired agents who operate under High Court jurisdiction.
Require a High Court Writ of Possession.
Faster than county court bailiffs, often executing eviction within days.
More expensive than county court bailiffs but preferred for urgent cases.

How to Instruct Bailiffs for Tenant Removal

1. Instructing County Court Bailiffs

If the eviction is being handled by the county court:

Complete Form N325 – The “Request for Warrant of Possession.”
Submit to the County Court – Along with a court fee (approximately £130).
Wait for a Bailiff Appointment – The process may take 4-8 weeks.
Attend the Eviction Date – The bailiff will enforce the eviction and may require a locksmith.

2. Instructing High Court Enforcement Officers (HCEOs)

If a faster eviction is required:

Apply to Transfer to the High Court – Request court permission to escalate the eviction.
Obtain a High Court Writ of Possession – Once approved, an HCEO can be appointed.
Hire an HCEO Firm – Many private firms offer eviction enforcement services.
Schedule the Eviction – HCEOs can execute the eviction quickly, often within a few days.

Costs of Hiring Bailiffs for Tenant Removal

County Court Bailiff: Approximately £130.
High Court Enforcement Officer (HCEO): £500–£2,000, depending on location and case complexity.
Additional Costs: Locksmith services, legal fees, and court application charges.

The Role of Eviction Specialists in the UK

Eviction specialists provide professional assistance to landlords navigating the eviction process. Their services include:

Drafting and serving eviction notices.
Handling possession order applications.
Liaising with the courts and bailiffs.
Ensuring legal compliance throughout the eviction process.

Finding an Eviction Specialist Near You

If you need professional help, searching for “eviction specialist near me” can provide local options. Ensure the specialist has:

Experience handling evictions.
Positive customer reviews.
Transparent pricing and legal knowledge.

Conclusion

Instructing bailiffs for tenant removal is necessary when tenants refuse to leave despite legal eviction proceedings. Landlords must first obtain a possession order and a warrant of possession before instructing either county court bailiffs or High Court Enforcement Officers. While county court bailiffs are more affordable, HCEOs provide a faster solution. Seeking assistance from an eviction specialist can help landlords manage the process efficiently and legally.