Shergroup: Ensuring “Fair Transfers” for County Court Orders of Possession

Introduction: The Problem with County Court Orders of Possession

Enforcing County Court Orders of Possession in England and Wales has become a growing challenge for landlords. What should be a straightforward legal process is often delayed due to inconsistent judicial decisions under Section 42(2) of the County Courts Act 1984. Many landlords are finding themselves in limbo, waiting on decisions that vary dramatically from court to court. At Shergroup, we are leading a campaign for Fair Transfers — a consistent, transparent approach to help landlords enforce possession orders efficiently.

The Legal Background: Section 42(2) and Its Impact

Section 42(2) of the County Courts Act 1984 gives county court judges discretion in allowing the transfer of County Court Orders of Possession to the High Court for enforcement. While the intention was to provide flexibility, this discretion has become a source of frustration for landlords. Decisions are inconsistent, and the lack of a standard process results in unfair delays, particularly in cases involving rent arrears, property damage, or anti-social behaviour.

In many instances, landlords are denied the right to CCJ transfer to the High Court — where enforcement is typically faster and more effective — without clear reasoning. This patchwork approach undermines confidence in the legal system and leaves properties vulnerable.

The Hidden Obstacle: Judicial Bias and a Culture of Denial

Landlords and legal professionals report that some county court judges are refusing transfers as a matter of policy, not based on the merits of individual cases. There have even been whispers of an internal letter circulated among the judiciary advising against such transfers. This unwritten rule effectively blocks the route to faster enforcement, even when landlords meet all legal criteria for High Court enforcement.

Such practices compromise the principle of access to justice. Denying the transfer of County Court Orders of Possession based on ideology rather than legality is unacceptable — and Shergroup is committed to holding this system accountable.

Shergroup’s Study: Shining a Light on Unfair Practices

To address these concerns, Shergroup is conducting an independent study to identify:

• Which county courts consistently allow transfers
• Which judges are denying transfer applications
• How delays impact landlords and property portfolios

This study will empower landlords with knowledge. Knowing which courts support “Fair Transfers” for County Court Orders of Possession allows landlords to prepare stronger applications and make informed decisions about legal representation and venue.

Why Fair Transfers Matter

A “Fair Transfer” is one where a landlord, having followed proper procedures, is allowed to transfer their County Court Order of Possession to the High Court. This benefits landlords in several ways:

• Faster enforcement – High Court Enforcement Officers can act quickly.
• Reduced property damage – Quick possession helps limit losses.
• Fewer legal roadblocks – Streamlined procedures reduce stress.

Shergroup’s Enforcement Team works alongside landlords and solicitors to prepare strong, compliant applications, and to challenge decisions when transfers are unfairly denied.

Supporting Landlords Through Expert Enforcement

Our dedicated team has decades of experience dealing with County Court Orders of Possession. We understand the complexities of court rules, notice periods, and the practical requirements for High Court enforcement.

Whether you’re dealing with a non-paying commercial tenant, squatters, or residential rent arrears, Shergroup can help you:

• File a valid request for permission to transfer your order
• Overcome judicial pushback with expert legal reasoning
• Execute the possession order quickly and lawfully

Our Campaign for Transparency and Consistency

Shergroup’s campaign for “Fair Transfers” is about more than just faster enforcement — it’s about restoring faith in the legal system. We’re calling for:

• A national policy for handling County Court Orders of Possession
• Clearer guidelines for judges and landlords
• Accountability for courts that consistently deny rightful transfers

We believe landlords deserve transparency, fairness, and access to efficient remedies. And we are prepared to lead that fight.

FAQs on County Court Orders of Possession

Q1: What is a County Court Order of Possession?
A County Court Order of Possession is a legal document issued by the court allowing a landlord to reclaim their property from a tenant who has breached the tenancy agreement.

Q2: Can I enforce a County Court Order of Possession in the High Court?
Yes, but you need permission from the County Court under Section 42(2) of the County Courts Act 1984. This is where many landlords face delays.

Q3: Why do some courts refuse to transfer orders?
Some judges exercise their discretion to deny transfer, even when all criteria are met. This inconsistency is what Shergroup aims to challenge through our Fair Transfers campaign.

Q4: How long does enforcement take in the High Court?
High Court enforcement is typically faster than county court bailiff action, often taking weeks instead of months.

Q5: Can Shergroup help with applying for a transfer?
Absolutely. We assist with the entire process — from preparing your application to enforcing your County Court Order of Possession swiftly and legally.

Q6: What if my transfer is denied?
If your application is denied, Shergroup can help you challenge the decision and explore other options for enforcement.

Summing Up | Join the Movement for Fair Transfers

The inconsistent application of judicial discretion under Section 42(2) has left landlords vulnerable. Shergroup’s commitment to County Court Orders of Possession includes not just enforcing them, but advocating for a fairer, faster, and more transparent system.

If you are struggling to enforce a possession order or have had your transfer unfairly denied, we are here to help.

Ready to discuss your enforcement needs? Contact Shergroup today:

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