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One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Barnsley can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Barnsley.
You can enforce possession order in Ardsley, Barnsley, or Carlecotes through the High Court when:
The hearing for the possession order was in the High Court in South Yorkshire as a hearing a possession order in the High court is abnormal because, if a Barnsley landlord sues for a possession order in the High Court, the case is transferred to the county court except there are particular circumstances, like complex disputes of fact or vital points of law.
If the owner of the property in Barnsley appeals the transfer of possession order from county to high court for HCEO implementation.
It's often the decision of the judge at the county court if the order in Carlecotes, Barnsley, or Ardsley will be allowed to get transferred to the High Court.
The Barnsley landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
After the court grants a possession order, the landlord in Barnsley must apply to the county court for the transfer of the Court order to the High Court for enforcement.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in Barnsley against a 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 Carlecotes, Barnsley, or Ardsley.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Barnsley, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in South Yorkshire is the one mandated with the enforcement of CCA regulated agreement.
The reasons why a landlord in Barnsley may request that the order be transferred for enforcement to the High Court include:
The execution in Barnsley through HCEOs is quick than the bailiffs of county courts
South Yorkshire County court bailiffs may indirectly cause a reduction in rental income since their enforcement takes a longer time
Prevent the expedition of property destruction in Barnsley or anti-social actions
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Barnsley too
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
Since the level of eviction is quicker in Barnsley but the expense of using a HCEO is greater than the county court bailiffs in South Yorkshire, 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 in Barnsley did not prove that there will be colossal delay by using the county court bailiffs
Disproportionate costs
They would require more time to find another place to live in Ardsley, Barnsley, or Carlecotes before eviction
The tenant needs to highlight the relevant factors the court in Barnsley can take into consideration such as having significant arrears or having kids.
If the South Yorkshire county court awards the application from the property owner to transfer the possession order to the High Court, the landlord must apply for the consent of the High Court before the court issues the writ of possession, except for:
Furthermore, the permission required before serving warrant of possession is not necessary when there is a violation of order of possession including suspension orders in which violation includes non payment of money in Barnsley.
The landlord in Carlecotes, Barnsley, or Ardsley needs to give notice of this application to everyone in possession of the premises when he/she is looking to get the order transferred to the High Court.
The landlord will not be granted permission from the High Court unless notice is served to each Barnsley tenant considered enough by the court.
There can be many forms of giving a notice as no particular requirement is mentioned in South Yorkshire.
The time period of the notice will be determined on the cases facts.
In the case of a sole tenant in Barnsley, the landlord can send a reminder of the terms of the court if the tenant is already notified about the case being transferred to the High court.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Barnsley.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in South Yorkshire.
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
Generally, a possession order is normally enforced in Barnsley faster through HCEOs than bailiffs from the county court.
A HCEO can execute a writ of possession in just a few days after the landlord's notice of application for permission has expired or of the issue of writ of possession in Barnsley, Ardsley, or Carlecotes.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Barnsley although it is common practice for them to drop off the writ and return a day or two later.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Barnsley, a seven-day notice must be issued to the tenant / creditor.
The South Yorkshire High Court reserves the right to stay or set aside a writ of control or a writ of possession.
Applications to the High Court are made through from N244.
If the tenant in Barnsley is able to obtain the stay or set aside, he should notify the HCEO about the updated status as they may not be timely notified.
However, another application such as to set aside the original permission order needs to be made to the County Court in South Yorkshire.
HCEOs in Barnsley are actually not the court's employees rather they're from court authorized commercial companies.
If you need to check the names of enforcement officers in England and Wales, there is a Directory of High Court Enforcement Officers who have been authorized to execute High Court writs.
All high court enforcement officers must abide to a code of practice.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Barnsley unless the Court orders otherwise.
Regulations govern the activities of HCEOs and all other bailiffs in Barnsley with effect from 6 April 2014.
According to these regulations the HCEO must not:
Enter residential property in South Yorkshire after 9 pm or before 6 am unless stated by the court
Enter a Barnsley residential property if the only person present at the time is below the age of 16
Take essential household goods like washing machine, fridge or cooker
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