Which Court Handles Evictions And High Court Writs?

The county court runs every ordinary residential eviction, from the initial notice right through to the bailiff's door‑knock. After a landlord serves the correct notice (Section 8 or Section 21, depending on the tenancy), the claim lands in the county court, a judge decides whether a possession order is justified, and - if granted - the landlord returns to that same court to request a warrant of possession (often dubbed a writ) that authorises bailiffs to enforce the order.

No High Court involvement occurs unless the dispute inflates to a commercial matter of extraordinary value, a scenario explored in the next section. For a step‑by‑step guide, see government guidance on evicting tenants.

• Start the eviction in the county court; the High Court only steps in when a writ of possession is needed to enforce a county‑court order.
• Assuming a universal 14‑day cut‑off after the notice ends leads to missed deadlines - applications must be filed while the notice remains valid, which for a current Section 21 notice period rules is typically up to six months.
• Mixing Section 8 and Section 21 rules creates confusion; some Section 8 grounds expire after twelve months of arrears, others after six, so verify the specific ground before filing.
• Skipping the transfer form when a writ is required wastes time; Form N293A attaches the county‑court order to the writ and triggers the High Court's enforcement process.
• Filing a commercial eviction in the county court when the claim exceeds £100,000 pushes the case to the High Court anyway, prompting re‑filings and extra costs.

When a county court possession order is ignored, a High Court writ of possession becomes necessary.

A writ is the only legal tool that lets a bailiff forcibly remove occupants after the county court deadline passes. It is used when the tenant refuses to leave despite a possession order, when a landlord needs enforcement faster than the standard 14‑day notice, or when the dispute involves commercial premises or large rent arrears that exceed ordinary county‑court limits. The High Court steps in after the county court process has run its course and the landlord still lacks physical possession.

Examples include a landlord who obtained a county court order, waited the statutory two weeks, and the tenant still occupies the flat; the landlord then applies for a High Court writ to authorize bailiffs. A commercial lease where the tenant owes £10,000 in rent and refuses to vacate triggers a writ because county court enforcement proves too slow for the landlord's cash‑flow needs.

Squatters who ignore a county bailiff's notice also force the landlord to seek a writ, as the High Court can command immediate removal. In cases where an appeal stalls the county court order, the writ provides a parallel route to regain control without waiting for the appeal outcome (as we covered above).

County court bailiffs enforce the possession order; if the tenant refuses entry, the process stops at that point.

1. Secure a County Court possession order - file the claim, pay the £110 warrant fee, and wait for the court's judgment.
2. Issue a warrant to a County Court bailiff - the bailiff schedules a visit based on regional workload; no guaranteed 4‑6‑week window exists.
3. Bailiff enforcement - on arrival the bailiff may change locks, remove belongings, or seize rent arrears. All actions fall within the original County Court order; there is no separate High Court writ for ordinary residential evictions.
4. Assess whether High Court involvement is justified - only commercial leases, large‑scale property groups, or cases where a County Court bailiff cannot be obtained may merit a High Court writ of possession.
5. Calculate realistic costs - the £110 warrant is standard; additional charges depend on the bailiff's travel and labour, not a fixed £300 fee.

If the tenant still resists after bailiff action, the landlord's remedy is to seek a court‑awarded judgment for arrears or damages, not to 'escalate' to the High Court for a standard residential eviction (as discussed in the earlier 'when do you need high court writs?' section).

Only certain commercial leases and limited enforcement scenarios allow a landlord to move a possession claim from the county court to the High Court. Residential tenancies remain under county‑court bailiffs; a High Court writ of possession (Form N119) is unavailable for standard home‑rent arrears.

The transition requires a county‑court possession order, a warrant of possession under CPR Part 55, and a valid reason recognized by the High Court. Once those hurdles are cleared, the landlord petitions for a writ, which the High Court may issue if the case meets the statutory criteria.

When transfer is possible and how to do it

• Eligible lease type - the lease must be commercial or fall within a statutory enforcement category such as rent‑to‑sell agreements.
• Existing county‑court order - obtain a possession order and the accompanying warrant; the High Court will not issue a writ without them.
• Application form - complete Form N119 and attach the county‑court order, the warrant, and evidence of the qualifying lease.
• Fee payment - pay the High Court writ fee (currently £[insert amount]) plus any additional enforcement costs.
• Court review - the High Court reviews the application; if satisfied, it issues the writ, which High Court Enforcement Officers then enforce.

If the criteria above are not met, the landlord must continue with county‑court bailiffs, as we explained in the previous section on basic eviction routes. The next part shows why, when applicable, High Court enforcement can outpace county bailiffs.

High Court writs outpace county bailiffs in five distinct ways.

• Each writ of possession names a single premises, so enforcement concentrates on the exact property in question, eliminating ambiguity that can arise with broader county orders.
• Enforcement officers operate nationwide; an HEO can pursue a tenant from London to Cornwall without transferring the case to a local bailiff, streamlining cross‑region recovery.
• The High Court's authority permits immediate lock‑change on the day of service, whereas county bailiffs often wait for a separate warrant before securing the premises.
• After a county‑court possession order is breached, the High Court route typically moves to enforcement within a few weeks, while bailiff scheduling can extend the timeline depending on local workloads.
• Both residential and commercial sites fall within the writ's scope, and the High Court's enforcement powers - such as goods seizure - exceed the more limited tools usually available to county bailiffs.

(Reference: High Court writs of possession guidance)

County Court processes the majority of residential evictions. Filing a possession claim costs £355‑£455; a warrant adds roughly £50, and bailiff fees vary by mileage and region. Judgment usually lands within 6 - 8 weeks, with enforcement following shortly after.

High Court writs are confined to high‑value commercial disputes. Initiating a writ incurs a claim fee close to £1,000, plus a separate warrant charge and bailiff costs that often surpass county figures. Even with priority handling, the timeline typically exceeds eight weeks, and total outlay depends on the bailiff's itinerary. (UK court fee schedule)

High Court powers speed up the removal of squatters once a county‑court possession order exists and the occupants ignore it.

• Apply only after a county‑court judgment; the High Court does not issue initial possession orders.
• Obtain a writ of possession by filing a request for enforcement; the court usually issues the writ within two to four weeks, depending on workload.
• Enforcement falls to High Court Enforcement Officers, who must first serve a notice‑to‑vacate and then execute the warrant; multiple visits may be needed before locks are changed.
• Squatters retain the right to contest the writ in court, so a defence is still possible (as we covered above).
• The main advantage is that High Court officers can act when county‑court bailiffs are delayed or when the occupier refuses scheduled visits.
• Costs include the writ fee (£100‑£200) plus the officer's charge per hour; these are higher than county‑court bailiff fees but avoid prolonged non‑payment of rent.

When a Manchester landlord obtained a county court possession order but the tenant ignored the date, the landlord applied for a High Court writ of possession and saw three months' rent recovered before the lease expired (as we covered above). The writ empowered senior bailiffs to lock the property the same week, cutting the projected loss from £9,000 to £4,500.

That outcome shows why escalating to the High Court after a stalled county court order can protect rental income; the next section explains how to fight a writ suspension if the tenant disputes the enforcement.

Challenging a High Court writ suspension means filing an appeal or a set‑aside application within the statutory period, normally 21 days from the order under CPR 52.4. Verify the exact deadline printed on the suspension notice; missing it closes the door on any challenge. As we covered above, the writ only follows a county court possession order, so the High Court step is the last resort.

The usual route is to seek permission to appeal under Civil Procedure Rules Part 52. Draft a skeleton argument that pinpoints the legal mistake, any fresh evidence, and the prejudice caused by the suspension. Lodge the appeal form and the required fee at the registry before the 21‑day cut‑off, then ask the judge to stay the suspension so enforcement can continue pending a decision.

A solicitor familiar with High Court enforcement can fine‑tune the paperwork and avoid procedural snags. Urgent applications may be permitted earlier than 21 days, but the order itself will state any accelerated timetable. Success either lifts the suspension, alters its terms, or awards costs, letting you pick up the eviction that began in the county court.