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The landlord in Bracknell can get enforcement by high court enforcement officer by simply applying to the county court to transfer its possession order from county court to High Court which is also an alternative to possession order implementation by the issuance of the warrant of possession from the County Court.
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Bracknell.
The High Court can enforce a notice of possession in Bracknell, Warfield, or Crowthorne if:
The hearing for the possession order was in the High Court in Berkshire as a hearing a possession order in the High court is abnormal because, if a Bracknell 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.
The landlord in Bracknell shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
It is at the county court's discretion whether to require enforcement in Bracknell, Crowthorne, or Warfield to be referred to the High Court.
At the hearings of possession in the regional court, the owner of property in Bracknell may request for the order of possession be transferred to high court to be implemented starting from there.
After a possession order has been served, the Bracknell property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
If there is an appeal against the ruling or any pending applications from the Bracknell tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
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 Crowthorne, Bracknell, or Warfield.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Bracknell - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
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 Berkshire County Court.
There are several reasons as to why the Bracknell landlord may request for transfer of order for enforcement in the high court and they are:
The implementation in Bracknell is usually quicker when handled by HCEOs as compared to county court sheriffs
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in Berkshire
It prevents further anti-social behaviour or destruction of property in Bracknell
If the tenant owes you money, the HCEO can seize the defaulter's goods in Bracknell to recover your money as well as enforce the possession order
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
The renter may decide to challenge the request to transfer enforcement in Bracknell to high court considering that eviction is quicker and hiring an HCEO is costly compared to the Berkshire county court bailiff.
The reasons for the tenant might include:
The landlord in Bracknell has not given any proof of delays in case of usage of bailiffs from county courts
The costs of transfer of the order are too much
He/she needs more time to look for another place to live in Crowthorne, Bracknell, or Warfield before eviction
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 Bracknell will consider.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the Berkshire county court, however, they won't need the permission in:
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 Bracknell.
Once the landlord in Bracknell, Warfield, or Crowthorne 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.
The High Court should not permit unless each tenant in Bracknell is given such a notice as the Court considers enough.
When serving the notice, there are no set out requirements of the form in Berkshire.
Details of the suit will decide if the order is sufficient.
In another scenario, if in case only a sole tenant in Bracknell was being aware of the case transfer to the High Court, the reminder from the landlord including terms of the court order could be enough as a notice.
If the landlord has failed to provide enough notice or does not provide complete information to the court regarding pending appeals against the possession proceedings then, he may face set a side of the writ of possession even after its execution in Bracknell.
Some HCEOs in Berkshire may not follow the correct procedure and they apply straight to the high court to take over a suit or use Form N293A to circumvent the proper process and can apply directly to the High Court to take over a matter and were misusing Form N293A.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
HCEOs ensure faster enforcement of a possession order in Bracknell than bailiffs in a County Court.
Execution of a letter of possession by a HCEO may occur 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 question of the letter of possession is given in Crowthorne, Bracknell, or Warfield.
There is no law asking the HCEO to inform the tenants in Bracknell in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in Bracknell and seizing goods and payment in form of court costs and owed rent.
Writ of possession or writ of control can be set aside by the High Court in Berkshire.
The applicants can use the Form N244 to submit an application in the High Court.
In case the stay or set aside is obtained, it's important where applicable, that the Bracknell tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Berkshire.
HCEOs in Bracknell are not employed by the courts they are licensed commercial agencies.
The Register of High Court Compliance Officers comprises the lists of England and Wales enforcement officers approved to conduct writs from the High Court.
All enforcement officers in high court should adhere to the code of service.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Bracknell unless the court says so.
New regulations governing the actions of bailiffs in Bracknell were released and made effective from April 6, 2014.
Requirements state that the HCEO must not:
Reach a residential property in Berkshire by 6 a.m. or 9 p.m., as approved by the judge
Entering in the Bracknell property when only a kid of less than 16 years of age is present inside
Take goods such as the washing machine, fridge, or cooker
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