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Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in Bolton is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in Bolton.
A possession warrant may be imposed in Bury, Farnworth, or Westhoughton by the High Court if:
Hearing in the High Court in Greater Manchester is only possible if the circumstances are dire, for example, the High Court will deal with the case if the dispute is having any exceptional circumstances, otherwise, the possession order applied for by the Bolton landlord will be transferred to the County Court.
The landlord in Bolton makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
It is the choice of the County Court judge to permit the transference of enforcement in Farnworth, Westhoughton, or Bury to the High Court.
The landlord in Bolton can make a request whilst the county court process is in order to be transferred to the enforcement of the High Court.
After the court grants a possession order, the landlord in Bolton must apply to the county court for the transfer of the Court order to the High Court for enforcement.
The landlord can't make the application if there are outstanding issues such as if the tenant in Bolton has appealed against the order.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Farnworth, Bury, or Westhoughton.
With a writ of control, the tenant's goods can be seized and sold in Bolton, this is otherwise known as the writ of fi fa or writ of fiery facias.
The possession order cannot be regulated to the High Court if the overdue rent is regulated by the Consumer Credit Act 1974 (CCA) because CCA regulated contracts can only be implemented by the Greater Manchester County Court.
There are certain reasons why a landlord in Bolton can apply for a transfer of the order to the High Court for enforcement including:
The enforcement process in Bolton is often quicker with the HCEO's than with a county court
Delays in enforcement through County Court sheriffs in Greater Manchester can cause a loss of rental income too
Prevention of further damage to the property in Bolton or anti-social behaviour
HCEOs have authority of execution of the possession order and also of seizing the goods in Bolton in case of money owned
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
The renter may decide to challenge the request to transfer enforcement in Bolton to high court considering that eviction is quicker and hiring an HCEO is costly compared to the Greater Manchester county court bailiff.
The tenant may cite the following reasons:
Landlord's failure to provide evidence that there will be problems while using the county court bailiffs in Bolton
The involved cost are unbalanced
They would require more time to find another place to live in Bury, Farnworth, or Westhoughton before eviction
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 Bolton.
If the property owner's application to transfer is allowed by the Greater Manchester county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:
In addition, permission is not required for serving the writ of possession due to a breach of a possession order and this includes suspended orders where the breach contains lack of paying money in Bolton.
Once the landlord in Bury, Westhoughton, or Farnworth contains a permission for enforcement of possession order from high court, he is bound to deliver notices of application to each party who is residing or using the premises.
Unless every occupant in Bolton is given the notice that the Court decides is enough, the High Court must not grant permission.
There are no specific instructions about what constitutes acceptable notice in Greater Manchester.
The time period of the notice will be determined on the cases facts.
Once a tenant in Bolton already knows that there has been a transfer of the order to the High Court, a notice such as a reminder of the stipulations in the court order and a request that the tenant leaves the property may be regarded as sufficient.
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 Bolton.
Some HCEOs in Greater Manchester 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.
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
It is a known fact that the process is speedier in Bolton with the HCEOs of the High court than the bailiffs of County court.
The execution of a letter of possession by a HCEO may take place only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the issue of the letter of possession in Bury, Farnworth, or Westhoughton.
An HCEO is not compelled to inform tenants in Bolton before making a trip in order to implement the possession writ as no such provision is provided, but, in some cases, you may find some HCEOs sending the summons a day or 2 before a visit to the property.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Bolton, they are bound to give a seven day notice to tenant.
The high court in Greater Manchester has the authority to either set aside or to stay the writ of possession or writ of control.
Applications to the High Court are made through from N244.
The tenant in Bolton must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
The applicants must make any other application to the Greater Manchester county court, for instance, to set aside the original possession order.
HCEOs in Bolton are High Court-approved private companies and not court workers.
The enforcement officers, who are authorized to execute High Court writs in England and Wales, are listed on the Directory of High Court Enforcement Officers.
Every high court enforcement officer must stick to the code of practices.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Bolton, unless in the situation where the court orders so.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Bolton are governed by some regulations.
The regulations have requirements that a HCEO must not:
Enter a residential property in Greater Manchester before 6:00 a.m. and after 9:00 p.m. without the court authorization
Go inside the Bolton house if the only person there is a child of 16 years of age and below
Remove household goods deemed essential; cookers, fridges, washing machines
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