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The landlord in Bury can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
High Court Enforcement Officers in Bury are also called certificated bailiffs, Sheriffs, or enforcement agents.
The High Court can enforce the possession order in Edenfield, Ramsbottom, or Elton on different conditions, such as:
If the High Court in Greater Manchester has the possession hearing as this is quite unusual, though the normal thing is that when a Bury landlord approaches the High Court to apply for a possession order, the order will be transferred to the County Court, and the exceptions are disputes of points of law or of fact.
An application is submitted by the Bury 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.
The transfer of enforcement in Elton, Ramsbottom, or Edenfield 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 Bury may request for the order of possession be transferred to high court to be implemented starting from there.
Upon securing a possession warrant, the owner in Bury will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
A land owner cannot apply for a transfer if the tenant in Bury has a pending application, for instance, an appeal against the notice of possession.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Ramsbottom, Elton, or Edenfield and court fees that costs over £600.
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 Bury.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in Greater Manchester can only be enforced by the County Court.
A Bury landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
Implementation in Bury by HCEOs is usually faster than by county court bailiffs
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in Greater Manchester
Prevention of further damage to the Bury property and/or anti-social behaviour
The HCEO can enforce a possession order as well as seize the goods in Bury when money is due
Interest, currently at the rate of 8 percent, will accrue on the judgment debt for arrears from the moment the order is transferred.
The tenant can oppose the application to move enforcement in Bury to the high court because the eviction is much faster and the costs of hiring a HCEO are higher than that of a county court bailiff in Greater Manchester.
Usually, tenants want to avoid this process because:
The landlord in Bury has not given any proof of delays in case of usage of bailiffs from county courts
The costs incurred are out of balance
He/she is looking for some extra time to find a place to stay in Ramsbottom, Edenfield, or Elton before vacating
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Bury will take into account.
After the Greater Manchester county court approves a landlord's transfer application, the landlord is required to request for permission from the High Court for the issue of a writ of possession can be obtained, except in cases such as:
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 Bury.
When a landlord in Elton, Edenfield, or Ramsbottom seeks permission from the High Court in order to enforce the possession order then every tenant (everyone in actual possession) must be served with the notice of application.
The permission from high court cannot be granted until every tenant in Bury receives notification and court finds it satisfactory.
When serving the notice, there are no set out requirements of the form in Greater Manchester.
Dependent on the facts of the case, is what is sufficient notice.
If there is just one tenant in the Bury property, who is already aware of the case being transferred, then a simple reminder by the landlord of the guidelines from the court order and a demand that the property is to be given up is more than enough.
Failure to give adequate notice, or fail to give to court full information in regard to pending appeals or applications against the proceedings of possession, may result in the writ of possession being set aside, even after it is executed in Bury.
Many HCEOs in Greater Manchester have tried to circumvent the correct procedure by explicitly appealing to the High Court to take over the matter according to section 41 of the County Court Act 1984, or improperly utilizing Form N293A (i.e. rather than trespassers, against tenants).
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
HCEOs ensure faster enforcement of a possession order in Bury than bailiffs in a County Court.
A HCEO can execute a writ of possession in just a few days after the landlord's notice of application for permission has expired or of the issue of writ of possession in Elton, Ramsbottom, or Edenfield.
Even though it is a frequent practice for a HCEO to deliver the writ and return a day or two later, there is no need for them to let the tenants in Bury know in advance of their visit regarding when they will be carrying out the writ of possession.
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 Bury.
The high court in Greater Manchester has the authority to either set aside or to stay the writ of possession or writ of control.
You should fill form N244 when making applications to the high court.
The tenant in Bury must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the Greater Manchester county court.
HCEOs in Bury are High Court-approved private companies and not court workers.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
HCEOs must conduct themselves to a code of practice.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Bury unless court affirms.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in Bury came out.
According to these regulations HCEO is not allowed to:
Entering the residential property in Greater Manchester before 6 am or after 9 pm, unless with the court's authority
Enter if the sole individual present in the Bury property is a child aged under 16
Carry important household goods such as a microwave, refrigerator or laundry
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