113 Sycamore Field
0800 246 1381
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 Bognor Regis to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
HCEOs in Bognor Regis are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
High court may impose a possession order in Highleigh, Pagham, or Sidlesham in 2 ways:
The possession hearing was in the High Court in West Sussex which is rare because if a landlord in Bognor Regis applies in the high court for a possession warrant, it will be moved to the county court unless there are exceptional circumstances such as complex factual conflicts or important legal issues.
The landlord in Bognor Regis wants to have the possession order transferred to the High Court for enforcement.
The decision to permit the transfer of enforcement in Pagham, Sidlesham, or Highleigh to the High Court is solely taken by the county court judge.
A request of transferring the possession order to the High Court can be made to County Court during the procession order proceedings by the Bognor Regis landlord.
After the court grants a possession order, the landlord in Bognor Regis must apply to the county court for the transfer of the Court order to the High Court for enforcement.
If there are any applications made by the Bognor Regis tenant, such as a possession order appeal against, an application for move cannot go through.
If court costs and rent arrears amounting to more than £600, then, the landlord may file for a writ of control to recover the amount in Highleigh, Sidlesham, or Pagham.
The control writ offers the power to grab and auction a debtor/renter's possessions in Bognor Regis and is usually to as either fiery facias or fi fa writ.
Any arrears managed by CCA (Consumer Credit Act) cannot be transferred to high court so as to be implemented attributing to the fact that CCA controlled agreements may only be implemented within the West Sussex county court.
A Bognor Regis landlord can apply for transfer of the possession order to a High Court for the following reasons:
The execution in Bognor Regis through HCEOs is quick than the bailiffs of county courts
Loss of rental income because delays in enforcement through the county court bailiffs in West Sussex
Prevention of further damage to the property in Bognor Regis or anti-social behaviour
The HCEO can enforce a possession order as well as seize the goods in Bognor Regis when money is due
The interest on judgement debt for arrears, which is currently at the rate of 8%, will accumulate right from the transfer of the order.
Because the speed of eviction in Bognor Regis is faster at the high court, and the cost is higher than the amount Tenant will pay when they use West Sussex county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The tenant could have the following reasons:
The landlord in Bognor Regis did not prove that there will be colossal delay by using the county court bailiffs
The costs of transfer of the order are too much
The tenant needs enough time to find alternative accommodation in Sidlesham, Pagham, or Highleigh
Finally, the tenant's condition; if unpaid rent is substantial, and a tenant has children, will form relevant factors for the decision by the county court Judge in Bognor Regis.
After the West Sussex county court approves a landlord's transfer application, the landlord is required to request for permission from the High Court for the issue of a writ of possession can be obtained, except in cases such as:
Permission is also not needed for the issue of a writ of possession, including a suspended possession order or lack of payment following the breach of a possession order in Bognor Regis.
The moment an application to enforce a possession order has been sent to court, a property owner in Highleigh, Pagham, or Sidlesham should be ready to notify each party occupying the property regarding the order application.
If each tenant in Bognor Regis isn't given the notice, the High Court shouldn't grant permission.
The order may be served in any format considering that there aren't specific requirements in West Sussex.
The notice must include the fact of case; this is the vital part of the notice.
If the case revolves around a single tenant in Bognor Regis 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.
Failing to provide good enough notice or failing to give the full details to the Court about current appeals or applications not in favour of the process, can waver the writ of possession process, even if it's been executed in Bognor Regis.
Some HCEOs in West Sussex tried to go around the procedure that is correct by submitting an application to the High Court directly to be in charge of the matter under section 41 of the County Court Act 1984, or by using Form N293A inappropriately (i.e. against tenants instead of trespassers).
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
The HCEOs can carry out enforcement of a possession order in Bognor Regis faster than the county court bailiffs.
An execution of a writ of possession by a High Court Enforcement Officers may occur just few days once the landlord's application to the High Court is expired or of the issue of the writ of possession in Sidlesham, Highleigh, or Pagham.
The HCEO is not expected to notify the tenants earlier of their visit in Bognor Regis about when they will be administering the writ of possession, although is normal for them to drop off the writ and return after 1 or two days.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Bognor Regis property as well as the seizure of goods and money such as pending rents or any other costs.
The West Sussex High Court can uphold or set aside a writ of possession, or writ of control.
High Court Applications should be made on form N244.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Bognor Regis will inform the HCEO of this fact as the High Court may not have informed the HCEO.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in West Sussex.
HCEOs are known as commercial agencies powered by the High Court in Bognor Regis.
The names of authorized HCEOs in Wales and England permitted to carry out an execution of High Court writs are contained in the HCEO directory.
All enforcement officers in high court should adhere to the code of service.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Bognor Regis until unless the court orders otherwise.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in Bognor Regis came out.
The regulations stipulate that:
Entering the residential premises in West Sussex after 9pm or before 6am, except ordered by the court
Go inside the Bognor Regis house if the only person there is a child of 16 years of age and below
Carry important household goods such as a microwave, refrigerator or laundry
Based in Bognor Regis, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.