How Long Does a High Court Eviction Take

Evictions can be a challenging and stressful process for both landlords and tenants. While most evictions are processed through the County Court, landlords sometimes escalate the case to the High Court to expedite the eviction process. But how long does a High Court eviction take? In this article, we will break down the timeline, factors affecting the process, and what landlords and tenants should expect.

What Is a High Court Eviction?

A High Court eviction is an eviction order enforced by High Court Enforcement Officers (HCEOs) instead of County Court bailiffs. Landlords typically opt for High Court enforcement to speed up the process and ensure prompt possession of their property.

The Legal Framework for High Court Evictions

1. Section 21 and Section 8 Notices

Before an eviction reaches the High Court, landlords must serve either a Section 21 or Section 8 notice:

• Section 21 Notice: Used for no-fault evictions when the tenancy agreement has expired.

• Section 8 Notice: Used when the tenant has breached the terms of the tenancy, such as failing to pay rent.

2. Possession Order from the County Court

Before seeking High Court enforcement, landlords must first obtain a possession order from the County Court. This usually takes 6 to 10 weeks, depending on the complexity of the case and the court’s workload.

3. Application to Transfer to the High Court

Once a possession order is granted, the landlord action must apply for permission to transfer enforcement to the High Court. The court may take 2 to 4 weeks to process this request.

The High Court Eviction Timeline

Step 1: Obtaining the High Court Writ of Possession

Once the transfer is approved, the landlord must apply for a Writ of Possession, which allows HCEOs to enforce the eviction. This process takes around 1 to 2 weeks.

Step 2: Serving Notice to the Tenant

HCEOs are required to provide the tenant with a notice period before carrying out the eviction. This is typically 7 days, though landlords can request a shorter notice period in urgent cases.

Step 3: Execution of the Eviction by HCEOs

After the notice period expires, HCEOs carry out the eviction. This generally occurs within 7 to 14 days, depending on the officer’s availability and logistical factors.

Factors That Can Affect the Eviction Timeline

1. Tenant Appeals and Court Delays

If the tenant challenges the eviction, it can add weeks or even months to the process.

2. Availability of High Court Enforcement Officers

HCEOs often have multiple cases, which can cause scheduling delays.

3. COVID-19 and Legal Moratoriums

During periods of economic hardship or health crises, eviction bans or legal for landlords delays may affect timelines.

How Landlords Can Expedite the Process

• Ensure Proper Documentation: Providing all required documents reduces the chance of delays.

• Hire Eviction Specialists: Legal professionals or services like Landlord Action or Eviction Specialists can help streamline the process.

• Act Promptly: File applications as soon as possible to prevent unnecessary delays.

Conclusion

A High Court eviction can take anywhere from 6 to 12 weeks from the initial possession order to the actual eviction, depending on various factors. While it is a faster alternative to County Court bailiff enforcement, unexpected delays can still occur. Landlords should prepare thoroughly and seek professional assistance to navigate the process smoothly.