High Court vs. County Court Evictions: Which One Is Faster?

Eviction is a legal process used by landlords or property owners to remove tenants who are either violating the terms of their lease agreement or failing to pay rent. In the UK, eviction proceedings can take place through either the County Court or the High Court, depending on the circumstances. This article will compare these two processes, specifically focusing on which one is faster and how eviction specialists play a role, particularly in commercial evictions.

Understanding the Eviction Process

Before delving into the differences between High Court and County Court evictions, it is essential to understand how the eviction process works in general.

Key Stages of Eviction

Serving a Notice – The first step is for the landlord to serve the tenant with a formal notice. The notice period varies depending on the grounds for eviction.
Applying for a Possession Order – If the tenant does not leave after the notice period, the landlord can apply for a possession order through the court.
Court Hearing – A hearing is scheduled where both parties can present their case. If the judge rules in favor of the landlord, they issue a possession order.
Enforcement of the Order – If the tenant still refuses to leave, the landlord may request the court bailiffs to remove the tenant, or in some cases, apply to transfer the case to the High Court for faster enforcement.

County Court Evictions

The County Court is typically the first point of contact for most landlords seeking to evict a tenant. It is the more common route for residential and smaller commercial evictions.

Process of County Court Eviction

Applying for Possession – The landlord applies for a possession order, which is usually dealt with by a District Judge in the County Court.
Court Hearing – The hearing takes place within 6 to 8 weeks, where both the landlord and tenant present their case. The judge will make a ruling, and if granted, the possession order is issued.
Bailiff Action – If the tenant does not leave voluntarily, the landlord can request bailiffs to enforce the order. This can take another 4 to 6 weeks, depending on the availability of bailiffs.

Timescale

On average, a County Court eviction can take anywhere from 10 to 12 weeks from the application to enforcement. However, this can vary significantly depending on the court’s caseload, the complexity of the case, and whether the tenant contests the eviction.

High Court Evictions

The High Court offers a faster method of evicting tenants, but it’s typically reserved for more serious cases, particularly when large commercial properties are involved. High Court evictions tend to be used in situations where the tenant is particularly difficult to remove or if the landlord seeks an expedited process.

Process of High Court Eviction

Possession Order Transfer – A landlord can apply to transfer a possession order from the County Court to the High Court for enforcement. This is typically done when the landlord needs faster enforcement or is dealing with a larger commercial property.
Writ of Possession – Once transferred, the landlord can request a Writ of Possession from the High Court. The High Court enforcement officers (also known as High Court bailiffs) will be tasked with carrying out the eviction.
Execution of the Writ – High Court bailiffs are often more efficient and quicker than County Court bailiffs, and the eviction can occur within a few days of the writ being issued.

Timescale

High Court evictions are typically much faster than County Court evictions. Once a possession order is obtained, the High Court writ can be executed within as little as 24 to 48 hours, depending on the urgency. In cases where tenants are obstructive or violent, the process may still take several weeks, but the overall speed is much quicker compared to County Court enforcement.

Key Differences Between High Court and County Court Evictions

Speed of the Process

County Court: Evictions in the County Court are generally slower, taking approximately 10 to 12 weeks from the application to enforcement.
High Court: Evictions in the High Court can be completed in just a few days after the writ is issued, especially when using High Court bailiffs.

Type of Cases

County Court: More commonly used for residential and smaller commercial evictions. It's also the appropriate court when the tenant’s arrears or behavior are less extreme.
High Court: Generally used for larger commercial properties or situations requiring urgent enforcement. It is also used when tenants refuse to leave after multiple possession orders or are considered to be obstructive.

Enforcement

County Court: Enforcement is handled by court bailiffs, which can take several weeks due to backlog and scheduling.
High Court: Enforcement is handled by High Court bailiffs, who are typically able to carry out evictions much faster.

The Role of Eviction Specialists

Eviction specialists are professionals who handle eviction processes on behalf of landlords. Their expertise is invaluable, particularly when navigating complex legal procedures, ensuring that eviction laws are followed, and avoiding costly mistakes.

Commercial Eviction

For commercial eviction, which involves businesses rather than residential tenants, the process can be more complicated due to the size and value of the property, as well as the potential impact on business operations. Eviction specialists with expertise in commercial evictions are essential in ensuring that these procedures are managed swiftly and correctly, often recommending the use of High Court enforcement for quicker resolution.

Specialists may also assist with:

Ensuring all notices are served correctly.
Providing advice on the legal requirements for eviction.
Handling negotiations to avoid lengthy court battles.
Working with High Court enforcement officers to expedite the eviction process.

Importance of Eviction Specialists

Eviction specialists can expedite the process by ensuring that landlords comply with all necessary legal procedures, including correctly drafting notices, filing claims, and presenting evidence in court. This is particularly critical in commercial eviction, where legal requirements are more complex and the risk of a lengthy delay can be much higher.

Conclusion: Which Eviction Method is Faster?

When comparing High Court vs. County Court evictions, the High Court method is generally faster due to quicker enforcement by High Court bailiffs. County Court evictions, while more common, can take considerably longer, especially when enforcement by bailiffs is required. For landlords seeking to expedite the eviction process, particularly in the case of commercial eviction, working with eviction specialists can make all the difference, ensuring a smoother and faster resolution.

Whether you are dealing with residential tenants or more complex commercial eviction cases, seeking professional advice and assistance is a smart strategy to reduce delays and ensure that the eviction is completed swiftly and legally.

This extended article covers all the necessary information regarding High Court vs. County Court evictions, with detailed analysis of the eviction process, the role of eviction specialists, and how commercial evictions differ from residential cases. The use of professional specialists can be a significant factor in ensuring the process is both efficient and legally compliant.

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