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For a Landlord in Carlisle to possess a letter of the warrant, he/she has to apply the transfer order to the High court through the High Court Enforcement Officer (HCEO), and HCEO applies the relocation of a possession order of enforcement from the county court to the High court on behalf of a Landlord.
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in Carlisle.
A possession warrant may be imposed in Sunderland, Carlisle, or Castlerigg by the High Court if:
If the possession hearing was conducted within high court in Cumbria as this however, is very rare as the possession order application by the landlord in Carlisle moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
A landlord in Carlisle needs to apply in a County Court for the transfer of possession order to the High Court, so the enforcement is implemented by an HCEO.
It is the choice of the County Court judge to permit the transference of enforcement in Carlisle, Castlerigg, or Sunderland to the High Court.
The landlord in Carlisle can make a request whilst the county court process is in order to be transferred to the enforcement of the High Court.
The landlord in Carlisle must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
An application for transfer cannot be made if there are any outstanding applications from the Carlisle tenant, For instance, if the tenant has made an appeal against the possession order.
However, in order to recover the pending rents a writ of control can be filed by the landlord in Carlisle, Castlerigg, or Sunderland, and this can be done if court costs and rent arrears exceed £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 Carlisle.
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 Cumbria can only be enforced by the County Court.
These are some reasons a landlord in Carlisle could apply for a transfer to the High Court including:
High Court Enforcement Officers can carry out the eviction in Carlisle quicker than bailiffs of the county court
Loss of rental income because of delay in enforcement through the Cumbria county court bailiffs
Prevent the expedition of property destruction in Carlisle or anti-social actions
HCEOs have authority of execution of the possession order and also of seizing the goods in Carlisle in case of money owned
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
The tenants may object to transfer the possession to the High Court as the eviction in Carlisle will happen quicker and they will be liable for higher costs as opposed to Cumbria county court bailiffs.
The reasons include but not limited to:
The Carlisle landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The expenses in total are not proportionately divided
To locate somewhere else to stay in Sunderland, Carlisle, or Castlerigg until relocation, he / she need extra time
Significant pending dues or children are also among these factors that will be under the Carlisle court's consideration regarding the tenant's specific condition.
If the county court in Cumbria grants the application of the landlord to transfer order, the landlord will have to get high court permission before a writ of possession is served except in:
Permission is also not a requirement for the possession writ issuance following the possession order breach, including a possession order that is suspended, where the breach include unpaid bills in Carlisle.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Sunderland, Carlisle, or Castlerigg must give notice application to 'every person in actual possession' of the property.
The landlord must also give sufficient notice to the Carlisle tenants to ensure they are aware of the transfer of the possession order to the High Court.
Notice can be given in any way in Cumbria as there are no rules for this.
What is acceptable depends on the particular case in question.
In the case of a sole tenant in Carlisle 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.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Carlisle.
A couple of HCEOs in Cumbria 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.
On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in Carlisle rather than county court bailiffs.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in Castlerigg, Carlisle, or Sunderland.
The common practice is to drop off the writ and return within a day or two, however, it is not a specific requirement by the HCEO to inform the tenants in Carlisle in the advance of their visit for the execution of the possession order.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in Carlisle and seizing goods and payment in form of court costs and owed rent.
Only the High Court in Cumbria has the power to stay or set aside a writ of possession, or writ of control.
Applications should be submitted on Form N244 to the High Court.
If the stay is issued or set aside, it is necessary that the respondent in Carlisle advises the HCEO of this aspect where appropriate, since the High Court may not have notified the HCEO.
Any other application must be made through the Cumbria county court, for example, setting aside the possession order that was original.
HCEOs in Carlisle aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
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.
All high court enforcement officers must abide to a code of practice.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Carlisle unless court affirms.
Regulations govern the action of HCEOs and all other bailiffs in Carlisle while seizing goods with the effect from 6 April 2014.
The HCEOs are restricted from:
Gain access to a Cumbria residential property before 6am or past 9pm, unless authorised by the court
Enter the Carlisle premises if the only person available is a child under 16 years of age
To take or seize the basic household goods such as cooker, fridge or washing machine
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