Tenant Eviction

Differences Between a County Court Bailiff and a High Court Enforcement Officer

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General guidance only, not legal advice. This page applies to England. Last reviewed: November 2026.

County Court Bailiff vs High Court Enforcement Officer

Both can evict a tenant who hasn't left after a possession order. County Court bailiffs cost less but waiting times can be long. A High Court Enforcement Officer (HCEO) costs more and needs the court's permission, but is often quicker. The right choice depends on your court, your losses and how urgent it is.

At a glance

County Court bailiffHigh Court Enforcement Officer
Who they areCourt staff employed by HM Courts and Tribunals ServiceOfficers authorised by the Lord Chancellor to enforce High Court writs
What you needA warrant of possession (form N325 or N325A)Court permission to transfer, then a writ of possession
Court fee£152 for the warrant£126 to apply for permission, plus a writ sealing fee
Other costsNone beyond the warrantEnforcement officer fees
TimingDepends on your local court, from weeks to several monthsOften sooner, depending on the officer's availability
Permission needed?NoYes, and it's discretionary

How each route works

County Court bailiff

  1. Apply for a warrant of possession once the date in the order has passed. The fee is £152.
  2. The court sends form EX96 with the eviction date, and usually a risk assessment form (EX97A).
  3. Return the forms at least 3 working days before the eviction, or it may be cancelled.
  4. The bailiff attends and returns possession to you.

High Court Enforcement Officer

  1. Apply to the county court for permission to transfer to the High Court. The fee is £126.
  2. Once permission is granted, the High Court issues a writ of possession.
  3. The enforcement officer gives the occupiers advance notice of the eviction.
  4. The officer attends and recovers possession.

Which should you choose?

  • Choose a County Court bailiff if your local court has reasonable waiting times and keeping costs down matters most.
  • Consider a High Court transfer if bailiff waits are long, rent losses are mounting, or there's damage or anti-social behaviour you need to stop quickly.

Whichever route you use, never change the locks or remove a tenant yourself. Only a bailiff or enforcement officer can carry out the eviction.

Transferring up to the High Court

What does it mean to "transfer up" an order?

You ask the county court for permission to enforce the possession order in the High Court. Permission is usually sought on form N244 (unless it was granted at the hearing), followed by form N293A. If granted, the High Court issues a writ of possession and an HCEO enforces it.

The court fees, according to GOV.UK, are £126 to transfer and £82 to seal the writ, plus the enforcement officer's fees. Permission is discretionary: the court must be satisfied that a transfer is appropriate.

Are tenants given notice?

Yes. High Court enforcement isn't a surprise knock on the door. The rules require occupiers to be given advance notice before a writ of possession is enforced, and in many cases that notice is enough to prompt them to leave voluntarily.

Is it worth the cost?

High Court enforcement costs more than a County Court warrant (£152). Where County Court waits are long, earlier possession often outweighs the extra cost through reduced lost rent, earlier re-letting and less risk of damage. Some enforcement costs may be recoverable from the tenant, but recovery depends on their means.

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  • Award-winning, with over 20 years' experience and founded in 2010.

Not sure which route is right?

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