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If a landlord in Cambridge doesn't want to issue a warrant for possession order, the landlord may apply for the transfer of the order to the High Court, then, the High Court Enforcement Officer (HCEO) will enforce the order.
High Court Enforcement Officers in Cambridge are also called certificated bailiffs, Sheriffs, or enforcement agents.
High Court can enforce the possession order in Carlton, Chippenham, or Cambridge if:
If the High Court in Cambridgeshire has the possession hearing as this is quite unusual, though the normal thing is that when a Cambridge 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.
If the Cambridge landlord applies for the transfer of the possession order from the County Court to the High Court to enable the HCEO to enforce the order.
The county court judge has to decide whether to allow the transfer of enforcement in Cambridge, Carlton, or Chippenham to the High Court.
A landlord in Cambridge can apply for transfer during the proceedings of a possession order in County Court as he can request for transfer of it to the High court for enforcement.
After a possession order has been served, the Cambridge property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
Where there are any outstanding tenant requests in Cambridge, for example, a possession order appeal, the transfer request cannot be made.
If the total costs including the unpaid rent along with court expenses are over £600, the owner of the property can appeal for warrant of control for recovering the owed money in Cambridge, Chippenham, or Carlton.
A control letter allows the landlord to seize the tenant or debtor's belongings in Cambridge, and this was formerly known as writ of Fieri facias or writ of fi fa.
Any arrears managed by CCA (Consumer Credit Act) cannot be transferred to high court so as to be implemented attributing to the fact that CCA controlled agreements may only be implemented within the Cambridgeshire county court.
The reasons why a landlord in Cambridge may request that the order be transferred for enforcement to the High Court include:
Enforcement in Cambridge is quicker through HCEOs than the county court bailiffs
Cambridgeshire County court bailiffs may indirectly cause a reduction in rental income since their enforcement takes a longer time
Avoiding any further damage to the assets or antisocial behaviour in Cambridge
HCEOs have authority of execution of the possession order and also of seizing the goods in Cambridge in case of money owned
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
The tenants may object to transfer the possession to the High Court as the eviction in Cambridge will happen quicker and they will be liable for higher costs as opposed to Cambridgeshire county court bailiffs.
The reasons for the tenant may be:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Cambridge
The total expenses incurred aren't balanced
He/she needs the excess time to find somewhere else to stay in Chippenham, Carlton, or Cambridge before being evicted
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in Cambridge.
If the Cambridgeshire county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except in:
More so, consent is not needed for giving out order of possession because of violation of an order of possession and this involves hanging orders where violation entails lack of money to pay in Cambridge.
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 Carlton, Chippenham, or Cambridge must inform' any person in real possession' of the property of the demand.
The High Court will not award approval except each tenant in Cambridge has such notice as the Court feels is enough.
There are no specific instructions about what constitutes acceptable notice in Cambridgeshire.
The details of the case determined the duration of notice that is sufficient.
Once a tenant in Cambridge already knows that there has been a transfer of the order to the High Court, a notice such as a reminder of the stipulations in the court order and a request that the tenant leaves the property may be regarded as sufficient.
In case the renter fails to give sufficient notice or fails to provide the entire information to court concerning petitions against possession proceedings or pending claims, the order of possession may be put aside although having been implemented in Cambridge.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Cambridgeshire by applying to High Court directly to take over the issue under section 41 of the County Court Act 1984 as well as by using form N293A in improper way.
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
It is a known fact that the process is speedier in Cambridge with the HCEOs of the High court than the bailiffs of County court.
An HCEO has the ability to implement a possession writ within some few days following expiry of the order application by the asset owner for consent or possession writ issuance in Carlton, Cambridge, or Chippenham.
The HCEO is not expected to notify the tenants earlier of their visit in Cambridge about when they will be administering the writ of possession, although is normal for them to drop off the writ and return after 1 or two days.
In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Cambridge, they must serve a 7-days notice to the leaseholder.
The High Court in Cambridgeshire has the mandate to set aside or delay a possession writ, or control writ.
Form N244 should be used when applying to the high Court.
In case the stay or set aside is obtained, it's important where applicable, that the Cambridge tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
Otherwise, other applications, including setting aside the original possession order must be made to the Cambridgeshire county court.
HCEO's in Cambridge are not employed by court; however, they serve as business agencies mandated by high court.
All enforcement officers in England and Wales authorized by the High Court to execute writs are listed in the Directory of High Court Enforcement Officers.
HCEOs are required to follow practice code.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Cambridge, unless courts decides otherwise.
Starting from the 6th of April, 2014, certain laws were put in place to govern activities of HCEOs and bailiffs in Cambridge during seizure of tenant possessions.
The regulations include the requirements not to be met by the HCEO:
Enter residential property in Cambridgeshire after 9 pm or before 6 am unless stated by the court
Go inside the building in Cambridge in case the person within is a child below the age of 16 years
Take essential household goods like washing machine, fridge or cooker
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