Warrants of Control
What is a warrant of control?
A warrant of control allows county court bailiffs to seize the goods or money of the debtor at their address(es) provided they can gain access. The goods will then be sold at auction to pay back the landlord.
How much can I recover from this?
There is a hard limit of £5000 that county court bailiffs can recover for most tenancies. This limit is either the full total of the judgement when paying in full or, if the landlord is only chasing individual instalments on a payment plan, the instalments must total less than £5000.
If you have a judgement for debts above £5000 with no instalment options, or the instalments are for more than £5000 at a time, you will need to apply for the judgement to be transferred to the High Court using the N293A form so that a high court enforcement officer can act on it instead. This is more complicated and expensive than the warrant of control and a landlord should look to speak to a solicitor or a high court enforcement officer for assistance proceeding.
How do I apply for a warrant of control?
Where your case started will affect how you apply for a warrant of control.
Where the case is started via the Moneyclaim website you can apply for a warrant online by selecting the 'warrant' option in the claims overview section. You will then have to pay the fee of £77 for the warrant.
For enforcing other judgements such as those from serving a Section 8 notice, a fee of £110 should be paid as a cheque to 'HMCTS' sent to the county court that made the possession order along with a completed N323 form.
The limit of £5000 includes the fee of £77 for warrants requested on Moneyclaim or £110 for other warrants so the claim is actually limited to £4923 or £4890 depending on the method used.
While costs are accurate at the time of writing EX50 document.
My debtor has defaulted on their installments, when can I apply?
Depending on the judgement's payment periods the landlord can use a warrant once the debtor has missed whichever is larger from:
One month's payment or £50 of payments
Four weekly payments or £50 of payments.
The debtor has a judgement to pay £45 monthly. They miss a payment but this is less than £50 so you must wait until a second payment is missed.
When should I use this?
Generally, this is best used for tenants who have an expensive car or items of value that you know will be recoverable from the tenant and worth selling at auction.