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The other choice for enforcing a possession order by asking the county court to issue a warrant of possession is for the property owner in Berkshire to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
HCEOs are also referred to in Berkshire as enforcement agents, certified bailiffs or Sheriffs.
A possession order can only be enforced in Thatcham, Hungerford, or Newbury through the High Court when:
The Berkshire High Court can also enforce the possession order when the possession order's hearing was in the High Court as this process is unusual because the Berkshire landlord ought to have applied to the county court except in some cases when there may be important facts of law or complicated disputes of fact, only then can the application of a possession order in a High Court can be accepted.
A landlord in Berkshire needs to apply in a County Court for the transfer of possession order to the High Court, so the enforcement is implemented by an HCEO.
The county court judge has the authority to decide whether the enforcement in Newbury, Hungerford, or Thatcham should be transferred to High Court or not.
The Berkshire property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
The Berkshire 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.
You cannot make an application when there is an outstanding appeal from the tenant in Berkshire, like an application to close the possession order.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Newbury, Thatcham, or Hungerford and court fees that costs over £600.
A writ of control allows the landlord in Berkshire to seize and sell the tenants goods which is also known as a writ of Fieri facias or writ of fi fa.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Berkshire executes them as they are CCA regulated agreements.
A Berkshire landlord can apply for transfer of the possession order to a High Court for the following reasons:
Enforcement in Berkshire is usually faster by HCEOs than by county court bailiffs
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in Berkshire
It avoids additional anti-social activities or property destructions in Berkshire
HCEO has the right to enforce the possession order as well as seizing the goods in Berkshire if there is any pending rent
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
The opposition from the tenant's side can be seen against the transference application because in high court, the eviction process in Berkshire can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in Berkshire.
This may be because:
The Berkshire landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The involved cost are unbalanced
The tenant may require more time to look for a new play to live in Hungerford, Thatcham, or Newbury before eviction takes place
The tenant's specific issues, such as whether he/she has noticeable rent arrears or children, will most of the time be relevant factors the court in Berkshire will consider.
If the property owner's application to transfer is allowed by the Berkshire county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:
If the possession order is breached, the writ of possession can be issued without permission, and the breach may include the suspension of a possession order, especially when rent arrears are a part of the breach in Berkshire.
When planning to request for permission for a possession order to be transferred to the High Court for enforcement (excluding cases such as mortgage repossession cases and cases against trespassers, the landlord in Newbury, Hungerford, or Thatcham is required to provide the current inhabitants of the property with a notice of application.
The High Court won't grant the permission without proof that every tenant in Berkshire is notified of the notice.
There is no particular method for sending the notice to those in Berkshire.
The satisfactory notice will vary according to the case facts.
In the case of a sole tenant in Berkshire, 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.
Failure to provide enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Berkshire.
Some HCEOs in Berkshire try to take over the matter under section 41 of the County Court Act 1984 by applying directly to the High Court or by inappropriately using Form N293A (i.e., against tenants instead of trespassers) to circumvent the correct procedure.
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in Berkshire rather than county court bailiffs.
HCEOs require few days to enforce warrant of possession if the application notice of permission expires or after issuance of warrant of possession in Newbury, Hungerford, or Thatcham.
There is no requirement for a HCEO to notify tenants in Berkshire in advance of their visit when they will execute the possession letter, although it is common practice for them to drop the letter and return one or two days later.
Where a HCEO is planning to seize good and money as well as repossess the property in Berkshire, they must prove the tenant /creditor with a 7 days' notice.
Any writ of possession orders can be set aside or kept with the High Court in Berkshire.
Form N244 should be used when applying to the high Court.
If the court grants either the stay or set aside the application, the tenant in Berkshire should inform the HCEO who may not have the updated information.
The applicants must make any other application to the Berkshire county court, for instance, to set aside the original possession order.
HCEOs are known as commercial agencies powered by the High Court in Berkshire.
Therefore, you need to go through the Directory of High Court Enforcement Officers to see those that are commissioned to carry out the task in your jurisdiction.
High Court enforcement officers practice a code of conduct.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Berkshire, unless courts decides otherwise.
The actions of all other bailiffs and the HCEOs when goods are seized in Berkshire are in effect from 6 April 2014.
The regulations include the requirements not to be met by the HCEO:
Go inside the Berkshire residential premises earlier than 6 am or past 9 pm unless the court orders that
Enter if a child under the age of 16 is the only person present in Berkshire
Seize important household items including fridges, washing machine or cooker
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