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The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in Barking has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
In Barking, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
The possession order from the High Court can occur in Barking, Cranbrook, or Loughton through these means:
When the hearing of possession was in high court in Greater London, as this is not common because if a landlord in Barking makes an application for an order of possession in high court, it will be moved to county court unless there are special circumstances like complicated disputes.
The Barking landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
The decision to permit the transfer of enforcement in Loughton, Barking, or Cranbrook to the High Court is solely taken by the county court judge.
The landlord in Barking can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
The Barking landlord may seek to withdraw and transfer the enforcement even after obtaining the possession order at the county court, he would need to go back to the county court and apply to the High Court for enforcement.
An application for transfer cannot be made if there are any pending applications from the tenant in Barking, for example, an appeal against the possession order.
Or if the tenant has rent arrears, when coupled together with court costs come to more than £600, a landlord can apply to get a writ of control which will enable them to recoup any debited money in Barking, Cranbrook, or Loughton.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Barking and this is commonly referred to as fi fa or Fieri facias writ.
If the Consumer Credit Act 1974 (CCA) regulated the debt, it could not be transferred to the High Court, as CCA regulated agreements can only be enforced in the county court in Greater London.
There can be a number of reasons for which landlords in Barking can request the transference in high court for execution including the following:
Enforcement in Barking is quicker through HCEOs than the county court bailiffs
Loss of rental income because delays in enforcement through the county court bailiffs in Greater London
Prevention of further damage to the property in Barking or anti-social behaviour
The HCEO can both seize goods and administer the order of possession in Barking, when there are unsettled bills
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
Since the level of eviction is quicker in Barking but the expense of using a HCEO is greater than the county court bailiffs in Greater London, a plaintiff may want to respond to a proposal to shift compliance to the High Court.
The tenant could have the following reasons:
The landlord did not provide proof that the use of county court bailiffs in Barking would be substantially affected
Disproportionate costs
Extra time is needed by the tenant to find some other place to live in Cranbrook, Barking, or Loughton after eviction
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Barking will take into account.
If County Court in Greater London grants the application of landlord to transfer to High Court, the landlord needs to get the high court permission before the issuance of the writ of possession, except in:
Also, permission is not required for issuing a possession writ following a possession order infringement, including a possession order that is suspended, where the infringement involves non-payment of money in Barking.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Loughton, Cranbrook, or Barking must give notice application to 'every person in actual possession' of the property.
The High Court must not grant permission until each tenant in Barking is given such notice as the Court considers sufficient.
There is no requirement to provide notice in any particular form in Greater London.
Sufficient proof depends on the facts of the case.
If the case revolves around a single tenant in Barking who is already aware of the case moving to high court, then a renter's reminder about order specifications and request of returning property possession qualifies as a satisfactory notice.
Failure to give adequate notice or failure to provide the Court with full information on pending appeals or applications against the proceedings of possession may result in the writ of possession being set aside even after it has been executed in Barking.
Some HCEOs in Greater London apply directly to the High Court to take over the matter in the struggle of circumventing the correct procedure. It can be carried out under section 41 of the County Court Act 1984.
On 21 March 2016, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
HCEOs usually enforce a possession order in Barking faster than county court bailiffs.
The HCEO can execute the writ of possession right after a few days of expiry of the notice of the landlord's application for permission to the High court, or when the writ of possession is issued in Loughton, Barking, or Cranbrook.
HCEO does not need any requirement to notify the tenants in Barking in advance of their visit and the time they will execute the writ of possession, although it is common practice to drop off the writ and return a few days later.
In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Barking, they must serve a 7-days notice to the leaseholder.
The Greater London high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
Form N244 should be used to make an application to the High Court.
If the court grants either the stay or set aside the application, the tenant in Barking should inform the HCEO who may not have the updated information.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in Greater London.
HCEOs in Barking are actually not the court's employees rather they're from court authorized commercial companies.
In England and Wales, names of the enforcement officers authorised to execute High Court writs are contained in the Directory of High Court Enforcement Officers.
HCEOs must conduct themselves to a code of practice.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Barking unless the court says so.
New regulations governing the actions of bailiffs in Barking were released and made effective from April 6, 2014.
The HCEOs are restricted from:
Enter the Greater London property before 6am or after 9pm unless when ordered by the court
Enter the Barking property if the person present is the child aged under 16
Take important household items like a fridge, washing machine, or cooker
Based in Barking, working nationwide
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