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Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in Chelmsford can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Chelmsford.
On order of possession can be imposed in Chalk End, Battlesbridge, or Danbury via the high court into two ways:
The hearing was held at the High Court in Essex, this is unusual because if a landlord in Chelmsford applies in the High Court for a possession order, it will be transferred to the county court unless there are exceptional circumstances, such as complicated factual disputes or significant legal issues.
If the Chelmsford 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 regional court has the jurisdiction to determine whether or not to move enforcement in Chalk End, Battlesbridge, or Danbury to high court.
At the hearings of possession in the regional court, the owner of property in Chelmsford may request for the order of possession be transferred to high court to be implemented starting from there.
The landlord in Chelmsford must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
The landlord cannot apply for high court transfer in case of any outstanding application such as if the appeal against the possession order is filed by the tenant in Chelmsford.
If the court costs and other arrears make up over £600, it is at the discretion of the landlord to apply for a writ of control in order to recover the outstanding money in Danbury, Battlesbridge, or Chalk End.
With a writ of control, the tenant's goods can be seized and sold in Chelmsford, this is otherwise known as the writ of fi fa or writ of fiery facias.
Note that if the debt is under the regulation of the Consumer Credit Act 1974 (CCA), the Essex county court cannot transfer the possession order to the High Court for enforcement as the CCA regulates are enforceable in the county court.
A Chelmsford landlord can apply for transfer of the possession order to a High Court for the following reasons:
Enforcement in Chelmsford through the County Court bailiffs is slower than through the HCEOs
Loss of rental income because of delay in enforcement through the Essex county court bailiffs
Prevention of further damage to the property in Chelmsford or antisocial behaviour
If there are rent arrears, HCEOs are empowered to confiscate goods in Chelmsford as well as enforce the possession order
An interest rate of 8% will be accrued for judgement debt arrears from the start of the order transfer.
The costs of using an HCEO for eviction in Chelmsford are higher than the Essex county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement to the High Court.
Usually, tenants want to avoid this process because:
The landlord in Chelmsford hasn't provided proper evidence that a delay will result from using county court bailiffs
Disproportionate costs
To locate somewhere else to stay in Battlesbridge, Chalk End, or Danbury until relocation, he / she need extra time
Often, the Chelmsford court will take into consideration some circumstances surrounding the tenant's situation, such as if there are any children involved or whether the tenant has good rent arrears.
If the county court in Essex 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 needed for the issue of a writ of possession, including a suspended possession order or lack of payment following the breach of a possession order in Chelmsford.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Danbury, Battlesbridge, or Chalk End is required to notify everyone in the property of the application and the only exceptions are if there are actions against trespassers or in cases involving mortgage repossession.
The High Court should not permit unless each tenant in Chelmsford is given such a notice as the Court considers enough.
You can simply deliver the notice in any way you want in Essex.
The facts of the case will determine whether the notice is enough.
If there is only one tenant in Chelmsford 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.
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 Chelmsford.
The note came on the heels of the individualized activities of HCEOs in Essex, such as the inappropriate use of Form N293A against tenants and not trespassers, and the direct application to the High Court to take over the case on the premise of Section 41 of the County Court Act 1984.
On 21 March 2016, the court issued a practice note through the Senior Master of the High Court (Queens Bench Division) to stop these malpractices and illegal use of their powers.
HCEOs ensure faster enforcement of a possession order in Chelmsford than bailiffs in a County Court.
The HCEO can execute the writ of possession right after a few days of expiry of the notice of the landlord's application for permission to the High court, or when the writ of possession is issued in Battlesbridge, Danbury, or Chalk End.
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 Chelmsford in the advance of their visit for the execution of the possession order.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Chelmsford, it is imperative that a 7-day notice is given to the tenants in question.
The Essex High court can stay or set aside a writ of control or writ of possession.
You should fill form N244 when making applications to the high court.
The tenant in Chelmsford must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
However, another application such as to set aside the original permission order needs to be made to the County Court in Essex.
High Court Enforcement Officers in Chelmsford are not employees of the court, but they are commercial agencies authorized by the high court.
The enforcement officers, who are authorized to execute High Court writs in England and Wales, are listed on the Directory of High Court Enforcement Officers.
The code of conduct governs the activities of HCEOs.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Chelmsford unless the court says so.
New regulations governing the actions of bailiffs in Chelmsford were released and made effective from April 6, 2014.
According to these regulations the HCEO must not:
Enter residential property in Essex before 6 am or after 9 pm unless the Court has authorised them
Enter the Chelmsford property if there is only a child present who is aged under 16
To take or seize the basic household goods such as cooker, fridge or washing machine
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