When to apply for permission to transfer a possession order under Section 42

The Renters’ Rights Act is expected to significantly increase pressure on the court system, making High Court enforcement a clear alternative for landlords seeking faster possession.

Scrapping Section 21

The newly passed Renters’ Rights Act introduces extensive reforms to the private rented sector in England, which includes the scrapping of Section 21 ‘no-fault’ evictions and a move to periodic tenancies. Meaning landlords will be forced to rely on the statutory grounds under Section 8 to regain possession of their properties, resulting in a far more complex and often contested process.

Impact on existing delays

The Law Society and NRLA have already raised concerns that the court system is unprepared for an expected rise in contested possession hearings. Current data shows that average possession times in county courts are already exceeding 32 weeks, with delays likely to worsen.

Request permission when applying for possession

Given the impact the Act is likely to cause, Martyn Spiers, eviction specialist at High Court Enforcement Group, strongly recommends that landlords request permission to transfer up under Section 42 of the County Courts Act 1984 at the time of applying for a possession order. This no cost application option will allow the order to be enforced by an Authorised High Court Enforcement Officer (AHCEO), enabling landlords to bypass extensive county court delays.