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When it comes to obtaining and enforcing a possession order, landlords in Cheltenham have many options to choose from and ideally, applying for the same via the county court has been popular, yet, there is another viable option - the High Court Writ of Eviction.
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in Cheltenham.
Often, a possession order is enforced in Bishop's Cleeve, Cheltenham, or Shurdington in a high court under two conditions:
The hearing was held at the High Court in Gloucestershire, this is unusual because if a landlord in Cheltenham 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 Cheltenham 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 can decide to allow the transfer of enforcement in Shurdington, Cheltenham, or Bishop's Cleeve or not, that's at the judge's discretion.
The Cheltenham property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
Once the order of possession is obtained by the Cheltenham landlord, he can appeal before county court and request movement of order for purposes of implementation in high court.
If there is an appeal against the ruling or any pending applications from the Cheltenham tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
However, in order to recover the pending rents a writ of control can be filed by the landlord in Bishop's Cleeve, Shurdington, or Cheltenham, and this can be done if court costs and rent arrears exceed £600.
The writ of control is empowering the landlord to seize and sale the tenant's goods to recover his money in Cheltenham, and it is called the writ of Fieri facias or writ of fi fa.
Note that if the debt is under the regulation of the Consumer Credit Act 1974 (CCA), the Gloucestershire county court cannot transfer the possession order to the High Court for enforcement as the CCA regulates are enforceable in the county court.
There are several reasons as to why the Cheltenham landlord may request for transfer of order for enforcement in the high court and they are:
The execution in Cheltenham through HCEOs is quick than the bailiffs of county courts
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in Gloucestershire
Prevention of further damage to the property in Cheltenham or antisocial behaviour
The HCEO is authorised to execute the possession order and seize possessions in Cheltenham in case cash is owed
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
The renter may decide to challenge the request to transfer enforcement in Cheltenham to high court considering that eviction is quicker and hiring an HCEO is costly compared to the Gloucestershire county court bailiff.
The tenant's reasons could include that:
The landlord in Cheltenham hasn't provided proper evidence that a delay will result from using county court bailiffs
The total costs involved are not proportionate
The tenant needs extra time to find somewhere else to live in Cheltenham, Bishop's Cleeve, or Shurdington
Often, the Cheltenham 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 property owner's application to transfer is allowed by the Gloucestershire county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:
Moreover, you don't need permission to issue a writ of possession if there is a breach of the possession order, including a violation of a suspended possession order by failing to pay money in Cheltenham as required.
When planning to request for permission for a possession order to be transferred to the High Court for enforcement (excluding cases such as mortgage repossession cases and cases against trespassers, the landlord in Cheltenham, Shurdington, or Bishop's Cleeve is required to provide the current inhabitants of the property with a notice of application.
If each tenant in Cheltenham isn't given the notice, the High Court shouldn't grant permission.
When serving the notice, there are no set out requirements of the form in Gloucestershire.
The time period of the notice will be determined on the cases facts.
In another scenario, if in case only a sole tenant in Cheltenham was being aware of the case transfer to the High Court, the reminder from the landlord including terms of the court order could be enough as a notice.
The writ of possession may be annulled even after it has been enforced in Cheltenham, in cases where the landlord fails to provide enough notice, or when information about appeals against the possession hearings or pending application is withheld from the court.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in Gloucestershire.
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.
Normally, HCEOs can execute an order of possession in Cheltenham more quick than the county court's bailiffs.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Cheltenham, Shurdington, or Bishop's Cleeve.
There is no requirement for a HCEO to notify tenants in Cheltenham in advance of their visit when they will execute the possession letter, although it is common practice for them to drop the letter and return one or two days later.
On the other hand, a HCEO must provide the tenant/creditor with a seven days' notice in case they are looking for goods and money, like rent debts and expenses and regain the possession of the residence in Cheltenham.
The high court in Gloucestershire has the authority to either set aside or to stay the writ of possession or writ of control.
Applications can be made by filling out the N244 form while giving application to high court.
If granted is the set aside or stay, it is important where possible, the tenant in Cheltenham informs the HCEO, from the HCEO the High Court may not have kept the truth.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Gloucestershire.
High Court Enforcement Officers in Cheltenham are not employees of the court, but they are commercial agencies authorized by the high court.
In England and Wales, the names of authorized HCEOs are available from the HCEO's directory.
As a standard HCEOs subscribe to a code of practice.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Cheltenham unless the Court orders otherwise.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in Cheltenham.
The regulations stipulate that:
HCEOs must not enter a Gloucestershire residential property before 6am and after 9pm, except if the court authorized that
Enter if the sole individual present in the Cheltenham property is a child aged under 16
Remove household goods deemed essential; cookers, fridges, washing machines
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