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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 Cannock can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
High Court Enforcement Officers in Cannock are also called certificated bailiffs, Sheriffs, or enforcement agents.
The High Court can impose a possession order in Blackfords, Cannock, or Etchinghill if:
The hearing for the possession order was in the High Court in Staffordshire as a hearing a possession order in the High court is abnormal because, if a Cannock landlord sues for a possession order in the High Court, the case is transferred to the county court except there are particular circumstances, like complex disputes of fact or vital points of law.
If the Cannock 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.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Cannock, Blackfords, or Etchinghill to the High Court.
During the proceedings of a possession order in the county court, the landlord in Cannock can plea enforcement to bed moved to the High Court.
Following the approval of the possession order, the landlord in Cannock is required to apply to the county court for a transfer of enforcement of the possession order to the High Court.
The landlord can't make the application if there are outstanding issues such as if the tenant in Cannock has appealed against the order.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Cannock, Blackfords, or Etchinghill.
With a writ of control, the tenant's goods can be seized and sold in Cannock, this is otherwise known as the writ of fi fa or writ of fiery facias.
If the debt is processed by the Consumer Credit Act 1974 (CCA), then it will not be permitted to get transferred to the High Court as CCA agreements that are regulated can only be enforced in the Staffordshire county court.
The reasons that may lead to a landlord in Cannock asking for a transfer of the order to the High Court for enforcement include that:
Enforcement in Cannock is quicker through HCEOs than the county court bailiffs
Delay in enforcement via County Court bailiff in Staffordshire causes rental income loss
It prevents further anti-social behaviour or destruction of property in Cannock
HCEO has the right to enforce the possession order as well as seizing the goods in Cannock if there is any pending rent
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to Staffordshire county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Cannock go to the High Court.
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 Cannock
The costs involved are too high
The tenants need extra time to get an alternative housing arrangement in Etchinghill, Blackfords, or Cannock
The court in Cannock can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
If the landlord's request to transfer the possession order to the High Court is granted by the Staffordshire county court, the landlord would then have to obtain the permission of the High Court ahead of the issuance of the writ of eviction, 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 Cannock.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Cannock, Blackfords, or Etchinghill will have to give notice of that application to every party in actual possession of the premises.
Unless every occupant in Cannock is given the notice that the Court decides is enough, the High Court must not grant permission.
There are no specific instructions about what constitutes acceptable notice in Staffordshire.
The notice must include the fact of case; this is the vital part of the notice.
If there is only one tenant in Cannock in the property who is already aware that the case has been transferred to the High Court, in this case, a reminder of the terms of the court order from the landlord and a request that possession is given up can be considered sufficient notice.
The Writ of Possession can be set aside after execution in Cannock if the landlord fails to provide the necessary details where the pending appeals against the possession order are concerned or doesn't give enough notice.
There were several HCEOs in Staffordshire 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.
On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.
Basically, an order of ownership in Cannock is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
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 Blackfords, Cannock, or Etchinghill.
The HCEO is not expected to notify the tenants earlier of their visit in Cannock 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.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Cannock, it is imperative that a 7-day notice is given to the tenants in question.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Staffordshire.
Form N244 is used for these applications.
However, if the stay or set aside is granted, the tenant in Cannock must inform the HCEO because the High Court may not have told them.
Additional applications such as an annulment of the original order of possession must be submitted to the Staffordshire county court.
High Court enforcement officers (HCEOs) in Cannock are commercial agencies which are not employees of High court however they are authorized by the high court.
In Wales and England, the directory of HCEO's has names of all enforcement officers who are authorized to enforce high court writs.
HCEOs are guided by a code of practice.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Cannock unless the Court orders otherwise.
The regulations for governing HCEOs and bailiff's actions while seizing belongings in Cannock are applicable from April 6, 2014.
The regulations have requirements that a HCEO must not:
Enter the Staffordshire property before 6am or after 9pm unless when ordered by the court
Go inside the Cannock house if the only person there is a child of 16 years of age and below
Take important household items like a fridge, washing machine, or cooker
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