Applying for a bailiff
Introduction
Once you have obtained a possession order the tenant will be given a date to leave the property. The tenant has until midnight on that date to vacate the property. After that time the property should be checked to see whether the tenant remains in the property. If the tenant does remain in the property you cannot enter by yourself to retake possession.
If your tenant has not moved out then the next step is to enforce the possession order. Normally this is done by applying for a county court bailiff to visit the property to enforce the judgement.
I have a possession order. How do I apply for a county court bailiff?
Once you have been granted a possession order, you can apply for a county court bailiff by sending an N325 form to the county court that issued the possession order. This document is free to download from the below link.
You have up to 6 years to make the application for a warrant from when the possession order has been granted.
N325 form link
It is also highly likely that you will need to complete a bailiff risk assessment questionnaire. This document is also free to download from the below link.
EX97A form link
My possession order has not expired yet but I know my tenants will not be leaving the property. Can I apply for the bailiff before the order expires?
No, you must wait until the day after the date on which the possession order informs the tenants they must leave.
Court fees increase from 6th July 2026
The Government has announced that court fees will rise from 6th July 2026.
For possession claims, this means that fees will increase from that date to -
- £415 for making a possession claim (currently £404)
- £152 for applying for a warrant of possession (currently £148)
In some parts of the country, you can face substantial delays in arranging a bailiff to attend your property after a possession order.
For example, the NRLA has heard of numerous cases in London courts where it has taken over a year to arrange a bailiff appointment after submitting the warrant. In many of these cases, rent arrears will be building up as the delays mount.
So what do you when faced with a delay like this?
In these cases you may want to consider transferring up to the High Court so that a High Court Enforcement Officer (HCEO) can take back your property instead.
These HCEO are more expensive to employ than a bailiff but they are significantly quicker, usually. So if your tenant is continuing to build up arrears then it may well be worth applying.
How do I transfer up to the High Court?
First it is important to understand that you are asking permission to transfer up to the High Court. There is no guarantee that the court will grant the request so you will need to have a compelling reason for the transfer.
Under section 42 of the County Courts Act 1984, you can ask the County Court to order that proceedings be transferred to the High Court.
If you did not do this with your original possession order application, then this is done by sending an N244 form, along with a copy of your original county possession order, asking for this transfer. Usually, you will provide evidence in an accompanying witness statement that provides evidence the transfer is justified.
This witness statement usually includes:
- How long the delays are for accessing a county court bailiff or how you have tried to contact the bailiffs to discuss wait times but were unable to get a response
- The amount of arrears and how much they are growing with each month of delay
- How the delay in enforcement is causing you financial difficulties
- Details of any anti-social behaviour or nuisance the tenant is causing for local residents and you
The fee for this will normally be £119 if you do it yourself but generally we recommend you employ someone to manage the application for you.
If you are successful, the possession order can then be transferred up to the High Court. Your HCEO will handle everything from that point on usually.
Where can I find a HCEO?
Landlord Action deal with High Court transfers. You can access an NRLA member discount when you first instruct them here
Alternatively, you can access a list of fully trained and registered HCEOs on the High Court Enforcement Officer Association (HCEOA) website. Anyone on that list should be able to act for you.