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If a landlord in Cambridgeshire 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.
The HCEOs in Cambridgeshire are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
Often, a possession order is enforced in Wisbech, Cambridge, or Huntingdon in a high court under two conditions:
When the possession hearing takes place in the Cambridgeshire High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Cambridgeshire 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.
The possession order can be transferred to the High Court for enforcement when the Cambridgeshire landlord applies for it in the county court.
The decision to permit the transfer of enforcement in Cambridge, Huntingdon, or Wisbech to the High Court is solely taken by the county court judge.
The landlord in Cambridgeshire can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
Following acquisition of the order, the leaseholder in Cambridgeshire may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
If there is an appeal against the ruling or any pending applications from the Cambridgeshire tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Cambridge, Wisbech, or Huntingdon and court fees that costs over £600.
With a writ of control, the tenant's goods can be seized and sold in Cambridgeshire, this is otherwise known as the writ of fi fa or writ of fiery facias.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Cambridgeshire executes them as they are CCA regulated agreements.
A Cambridgeshire landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
Enforcement in Cambridgeshire through the County Court bailiffs is slower than through the HCEOs
The slow process of execution by bailiffs of county courts in Cambridgeshire results in losses for landlords due to unpaid rent
It avoids additional anti-social activities or property destructions in Cambridgeshire
The High court officer can seize goods in Cambridgeshire while enforcing the possession to recover money owed
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
The opposition from the tenant's side can be seen against the transference application because in high court, the eviction process in Cambridgeshire can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in Cambridgeshire.
The tenant could have the following reasons:
The Cambridgeshire landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The prices are excessive and/or disproportionate
S/he needs the extra time to find somewhere else to live in Wisbech, Huntingdon, or Cambridge before an eviction is endorsed
The Cambridgeshire 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.
The landlord must obtain permission from the High Court before the writ of possession is issued if the landlord's application to transfer possession order is granted by the Cambridgeshire county court, except in:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in Cambridgeshire.
If the landlord in Huntingdon, Cambridge, or Wisbech is in a possession to apply for the go ahead to enforce an order of possession in the High Court, he must ensure that all the people in actual possession of the property in question are notified.
If each tenant in Cambridgeshire isn't given the notice, the High Court shouldn't grant permission.
There are no specific instructions about what constitutes acceptable notice in Cambridgeshire.
The facts of the case will depend on what is enough notice.
In the event that only one tenant in Cambridgeshire is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
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 Cambridgeshire.
Some HCEOs in Cambridgeshire try to take over the matter under section 41 of the County Court Act 1984 by applying directly to the High Court or by inappropriately using Form N293A (i.e., against tenants instead of trespassers) to circumvent the correct procedure.
On 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
Generally, possession order enforcement in Cambridgeshire is quicker via HCEO as opposed to county court bailiffs.
The implementation of a writ of possession by an HCEO can take place in few days after the notice by the landlord to tenants expires or when the writ of possession is issued in Cambridge, Wisbech, or Huntingdon.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Cambridgeshire although it is common practice for them to drop off the writ and return a day or two later.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the Cambridgeshire property, a seven-day notice must be given to the tenant/creditor.
Writ of possession or writ of control can be set aside by the High Court in Cambridgeshire.
Applications should be made on form N244.
If the High Court later set aside the application for writ of possession, the Cambridgeshire tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
Any other application must be made through the Cambridgeshire county court, for example, setting aside the possession order that was original.
HCEOs in Cambridgeshire are actually not the court's employees rather they're from court authorized commercial companies.
The Register of High Court Compliance Officers comprises the lists of England and Wales enforcement officers approved to conduct writs from the High Court.
As a standard HCEOs subscribe to a code of practice.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Cambridgeshire, unless courts decides otherwise.
Regulations govern the activities of HCEOs and all other bailiffs in Cambridgeshire with effect from 6 April 2014.
These restrictions mean that HCEOs cannot:
Entering the residential property in Cambridgeshire before 6 am or after 9 pm, unless with the court's authority
Enter a premise in Cambridgeshire if the only person inside is someone under the age of 16
Taking basic household stuff for instance refrigerator, cooker or washing machine
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