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The landlord in Brighton 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 known as enforcement agents, certified Sheriffs, or bailiffs in Brighton.
The High Court can enforce the possession order in Broomham, Preston, or Denton on different conditions, such as:
If the possession hearing was conducted within high court in East Sussex as this however, is very rare as the possession order application by the landlord in Brighton moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
An application is submitted by the Brighton landlord to the county court requesting for the transfer of a possession order to the High Court so that it can be enforced by an HCEO.
Only the county court judge has the choice of transferring to the High Court for enforcement in Denton, Broomham, or Preston or not.
The landlord in Brighton can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
The Brighton 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.
An application for transfer cannot be made if there are any pending applications from the tenant in Brighton, for example, an appeal against the possession order.
Another scenario is recovering the debt if the overdue rent is over £600, the landlord applies for the writ of control to recover money in Denton, Preston, or Broomham.
A writ of control allows the landlord in Brighton 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 East Sussex executes them as they are CCA regulated agreements.
Landlords in Brighton may request that the order be transferred to the High Court due to reasons which include:
The execution in Brighton through HCEOs is quick than the bailiffs of county courts
Loss of income from the rental because of East Sussex county court bailiff delays
Prevention of additional property damage and/or antisocial behaviour in Brighton
The HCEO can both carry out the order and apprehend possessions in Brighton, when money is owed to the landlord
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
The tenants may object to transfer the possession to the High Court as the eviction in Brighton will happen quicker and they will be liable for higher costs as opposed to East Sussex county court bailiffs.
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 Brighton
The payment involved in the process varies
He/she needs more time to look for another place to live in Denton, Preston, or Broomham before eviction
The Brighton court's decision to challenge the order transfer may be determined by a number of factors affecting the leaseholder including in the renter has a family or owes a considerable amount of rent arrears.
If County Court in East Sussex grants the application of landlord to transfer to High Court, the landlord needs to get the high court permission before the issuance of the writ of possession, except in:
Similarly, you can continue with a breach of possession order without having to worry about the writ of possession and this also applies to the suspended possession order in Brighton.
The moment an application to enforce a possession order has been sent to court, a property owner in Denton, Preston, or Broomham should be ready to notify each party occupying the property regarding the order application.
Permission must not be granted by the High Court except each tenant in Brighton is provided with the notice in the timeframe that is deemed sufficient by the Court.
There can be many forms of giving a notice as no particular requirement is mentioned in East Sussex.
The facts of the case will depend on what is enough notice.
If the property has one sole tenant in Brighton who is aware of the case being in the High Court, a possession request and reminder of the court order's terms are enough notice.
If a landlord fails to give sufficient notice or failure in providing important facts to the court about the pending appeals or application against the proceedings can lead it to the delay in the possession writ, even after the implementation in Brighton.
Some HCEOs in East Sussex had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
Generally, a possession order is normally enforced in Brighton faster through HCEOs than bailiffs from the county court.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Preston, Broomham, or Denton.
The HCEO is not under obligation to provide advance notice to the Brighton tenants about when the writ of possession will be executed, however, they usually drop the writ with the tenant and revisit the tenant a day or two later.
On the other hand, a HCEO must provide the tenant/creditor with a seven days' notice in case they are looking for goods and money, like rent debts and expenses and regain the possession of the residence in Brighton.
Only the High Court in East Sussex has the power to stay or set aside a writ of possession, or writ of control.
Form N244 is used for these applications.
If granted is the set aside or stay, it is important where possible, the tenant in Brighton informs the HCEO, from the HCEO the High Court may not have kept the truth.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in East Sussex.
HCEOs in Brighton are commercial agencies commissioned by the High Court and not employees of the court.
In England and Wales, the names of authorized HCEOs are available from the HCEO's directory.
All enforcement officers in high court should adhere to the code of service.
A possession writ shall not be executed on a Sunday, Good Friday or Christmas Day in Brighton, unless otherwise ordered by the court.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in Brighton came out.
Requirements state that the HCEO must not:
HCEOs must not enter a East Sussex residential property before 6am and after 9pm, except if the court authorized that
Enter the Brighton property if there is only a child present who is aged under 16
Seizing essential domestic equipment such as washing machine, fridge, or cooker
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