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Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in Burnley can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
In Burnley, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
A possession order can be applied in Dunnockshaw, Cliviger, or Brownside through the High Court when:
When the possession hearing takes place in the Lancashire High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Burnley applies for it in the High Court, however, the hearing can take place in the High Court in some exceptional situations like important points of law or complicated disputes of fact.
If the Burnley landowner writes to request the regional court to move the possession order to high court where it can be executed by a representative from high court.
It is the choice of the County Court judge to permit the transference of enforcement in Cliviger, Dunnockshaw, or Brownside to the High Court.
The Burnley landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
Once the order of possession is obtained by the Burnley landlord, he can appeal before county court and request movement of order for purposes of implementation in high court.
An application for transfer cannot be made if there are any outstanding applications from the Burnley tenant, For instance, if the tenant has made an appeal against the possession order.
If there is unpaid rent, and the arrears plus any court order costs a total of over £600, the property owner may also apply for writ of control to recover the unsettled bills in Dunnockshaw, Cliviger, or Brownside.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Burnley - this was initially known as, and still referred to as, a writ of Fieri facias or writ of fi fa.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in Lancashire is the one mandated with the enforcement of CCA regulated agreement.
The Burnley landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
The enforcement process in Burnley is often quicker with the HCEO's than with a county court
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in Lancashire
To avoid continued destruction of the property in Burnley as well as antisocial behaviour
The High court officer can seize goods in Burnley while enforcing the possession to recover money owed
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
The costs of using an HCEO for eviction in Burnley are higher than the Lancashire 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 tenant's reasons could include that:
The property owner in Burnley has availed evidence that there will be a significant delay using the county court bailiffs
The costs involved are disproportionate
They would require more time to find another place to live in Brownside, Cliviger, or Dunnockshaw before eviction
The Burnley court's decision about the order transference is affected by a number of factors, for instance, in case there are children with tenants or presence of notable rental arrears.
In case the order transference application made by the landlord is granted by the county court in Lancashire, he would also have to get permission from high court before serving warrant of possession except:
The landlord may not need permission for the issue of a writ of possession in case of the possession order breach, and it is also not required in case of a possession order that is suspended where the breach is in money non-payment in Burnley.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Brownside, Dunnockshaw, or Cliviger when they have applied for the permission to enforce a possession order in the High court.
If each tenant in Burnley isn't given the notice, the High Court shouldn't grant permission.
There are no laid down rules for providing the notice in Lancashire.
The facts of the case will determine sufficient notice.
In the case of a sole tenant in Burnley who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession might be enough notice.
Failure to give adequate notice or failure to provide the Court with full information on pending appeals or applications against the proceedings of possession may result in the writ of possession being set aside even after it has been executed in Burnley.
A couple of HCEOs in Lancashire have tried to avoid the legal process by going straight to the High Court to transfer the order under the section 41 of the 1984 County Court Act, or by inappropriately using the N293A form.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
HCEOs ensure faster enforcement of a possession order in Burnley than bailiffs in a County Court.
It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in Cliviger, Dunnockshaw, or Brownside.
The HCEO is not obligated to inform the tenant prior to their visit in Burnley on when the writ of possession would be executed, usually they deliver the writ and visit the property again the next day or 2 days after.
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 Burnley.
The High Court in Lancashire has the mandate to set aside or delay a possession writ, or control writ.
Applications to the High Court are made through from N244.
However, if the stay or set aside is granted, the tenant in Burnley must inform the HCEO because the High Court may not have told them.
Any other application, such as setting aside the original possession order, must be placed to the county court in Lancashire.
HCEOs in Burnley are commercially paid agencies given authority by the High Court and are not actual employees of the court.
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.
The code of conduct governs the activities of HCEOs.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Burnley, unless the court has stated otherwise.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in Burnley came out.
The protocols include:
Entering the residential premises in Lancashire after 9pm or before 6am, except ordered by the court
Go inside the Burnley house if the only person there is a child of 16 years of age and below
Take household goods such as fridge, cooker, washing machine, and many more
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