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Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in Buckinghamshire is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Buckinghamshire.
On order of possession can be imposed in Aylesbury, High Wycombe, or Amersham via the high court into two ways:
The possession hearing was in the High Court in Buckinghamshire which is rare because if a landlord in Buckinghamshire 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.
When the Buckinghamshire property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
The transfer of enforcement in Aylesbury, High Wycombe, or Amersham to the high court is determined by the judge of the county court.
At the hearings of possession in the regional court, the owner of property in Buckinghamshire may request for the order of possession be transferred to high court to be implemented starting from there.
Once the landlord in Buckinghamshire obtains the possession order, he/she will be required to apply to the County Court for the transfer of it to the High Court for enforcement.
The application for transfer cannot be made if the Buckinghamshire tenant had made the appeal against the application of a landlord and they have strong points.
If there exists any unsettled rent and the total amount of arrears alongside court expenses are more than £600, the land owner may decide to apply for the control writ to get back the unpaid cash in Aylesbury, High Wycombe, or Amersham.
Formerly and still popularly referred to as a writ of Fieri facias or writ of fi fa, a writ of control allows the tenant/debtors belongings to be seized or sold in Buckinghamshire.
If the debt is governed by the 1974 Consumer Credit Act (CCA), it cannot be referred for compliance to the High Court as CCA controlled transactions can only be imposed in the county court in Buckinghamshire.
These are some reasons a landlord in Buckinghamshire could apply for a transfer to the High Court including:
Enforcement in Buckinghamshire through the County Court bailiffs is slower than through the HCEOs
Loss in rental income by the Buckinghamshire county court bailiffs due to delays in compliance
Further damage to the Buckinghamshire property and anti-social behaviours are prevented
The HCEO can both seize goods and enforce the possession order in Buckinghamshire when money is owed
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
The costs of using an HCEO for eviction in Buckinghamshire are higher than the Buckinghamshire county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement to the High Court.
The reasons for the tenant might include:
The property owner in Buckinghamshire has availed evidence that there will be a significant delay using the county court bailiffs
The costs involved are disproportionate
The tenant may require more time to look for a new play to live in Amersham, Aylesbury, or High Wycombe before eviction takes place
Extenuating circumstances such as children or rent arrears may play a major role in the court in Buckinghamshire when considered by the judge.
If the Buckinghamshire county court awards the application from the property owner to transfer the possession order to the High Court, the landlord must apply for the consent of the High Court before the court issues the writ of possession, except for:
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 Buckinghamshire.
When permission is obtained in the High Court to impose a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Aylesbury, Amersham, or High Wycombe must inform' any person in real possession' of the property of the demand.
The landlord will not be granted permission from the High Court unless notice is served to each Buckinghamshire tenant considered enough by the court.
When serving the notice, there are no set out requirements of the form in Buckinghamshire.
What is acceptable depends on the particular case in question.
If the property has one sole tenant in Buckinghamshire 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 the landlord fails to provide enough notice or does not give all the details to the court about appeals against possession hearings or pending applications, the writ of possession can be set aside even after it has been executed in Buckinghamshire.
There were several HCEOs in Buckinghamshire who tried to bypass the stipulated process by making an application directly to the high court to take control of the issue under section 41 or by using form N293A incorrectly that is against tenants instead of trespassers.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
It is a known fact that the process is speedier in Buckinghamshire with the HCEOs of the High court than the bailiffs of 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 High Wycombe, Amersham, or Aylesbury.
There is no need to give notice to the tenants in Buckinghamshire about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
However, the HCEO needs to give a seven days' notice to the tenant where they need to seize goods and money while recovering possession of the property in Buckinghamshire.
It is possible to obtain stay or invalidation of warrant of possession or control through the high courts in Buckinghamshire.
High Court Applications should be made on form N244.
If the court grants either the stay or set aside the application, the tenant in Buckinghamshire should inform the HCEO who may not have the updated information.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the Buckinghamshire county court.
HCEOs in Buckinghamshire are commercial agencies certified by the High Court, they are not employees of the court.
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 high court enforcement officers must abide to a code of practice.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Buckinghamshire until unless the court orders otherwise.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Buckinghamshire are governed by some regulations.
They must not:
Go inside the Buckinghamshire residential premises earlier than 6 am or past 9 pm unless the court orders that
Enter if the sole individual present in the Buckinghamshire property is a child aged under 16
Seize important household items including fridges, washing machine or cooker
Based in Buckinghamshire, working nationwide
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