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Another method for implementation of order of possession is requesting possession warrant from the county court and then the landlord in Chester will be able to apply for the order to move in high court where it can be implemented by enforcement officer of the high court (HCEO).
The HCEO is also known by other names in Chester, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
The High Court can enforce a notice of possession in Chester, Shotton, or Heswall if:
During Cheshire high court possession hearing as the practice is uncommon considering that in case a leaseholder in Chester applies for an ownership order in the court, it may be send to the regional court unless certain conditions such as complex disagreements are involved.
The landlord in Chester specifically applies to the county court to get the process transferred into the High Court.
County court determines if the enforcement in Chester, Shotton, or Heswall can be transferred to high court.
If the possession order is approved during the possession hearing at the county court, the Chester landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.
After the possession order is acquired the landlord in Chester will need to apply to the county court and request that the order to be moved to the high court for implementation.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Chester, for instance, if tenant has appealed against possession order.
The landlord can also apply for a writ of control if they need to recover the rent arrears and court costs of more than £600 in Chester, Shotton, or Heswall.
Tenants' goods can be seized and sold in Chester under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Cheshire executes them as they are CCA regulated agreements.
There can be a number of reasons for which landlords in Chester can request the transference in high court for execution including the following:
The execution in Chester through HCEOs is quick than the bailiffs of county courts
Loss in rental income by the Cheshire county court bailiffs due to delays in compliance
Reduce the chances of further damage to the property or any other anti-social behaviour in Chester
The HCEO can both seize goods and enforce the possession order in Chester when money is owed
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Chester than the bailiffs of Cheshire County Court so, a tenant can oppose the application to transfer the possession order to the High court.
The reasons for the tenant might include:
No evidence from the landlord that there will be a significant delay using the county court bailiffs in Chester
The total costs involved are not proportionate
The tenant may require more time to look for a new play to live in Shotton, Heswall, or Chester before eviction takes place
Often, the Chester 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 Cheshire grants the landlord's transfer application, the writ of possession can't be issued until there is expressed permission by the High Court, and the exceptions to the rule are:
If there is a possession order violation like suspended possession order which may include non-payment of money in Chester, then the issuance of a writ of possession does not require permission.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Heswall, Chester, or Shotton will have to give notice of that application to every party in actual possession of the premises.
Permission must not be granted by the High Court except each tenant in Chester is provided with the notice in the timeframe that is deemed sufficient by the Court.
The notice can be given in any form in Cheshire since there are no specific requirements.
The facts of the case will depend on what is enough notice.
If it involves a sole tenant in Chester who knew that the case had been moved to the high court, a reminder from the renter about the particulars of the order and a request to return possession is considered enough notice.
If the landlord has failed to provide enough notice or does not provide complete information to the court regarding pending appeals against the possession proceedings then, he may face set a side of the writ of possession even after its execution in Chester.
It is also possible that HCEOs in Cheshire take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
Generally, possession order enforcement in Chester is quicker via HCEO as opposed to county court bailiffs.
The execution can be done just a couple of days after the landlord's application for permission to the High Court expires or the possession writ is issued in Shotton, Chester, or Heswall.
There is no law asking the HCEO to inform the tenants in Chester in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.
In cases where a HCEO is claiming to seize money and goods due to costs and rent arrears and recovering possession of the premises in Chester, they will have to provide the tenant a 7 days' notice.
The High Court in Cheshire can set aside or stay a writ of control or a writ of possession application.
You should fill form N244 when making applications to the high court.
So, it is the responsibility of the tenant in Chester to inform HCEO if the stay is set aside or issued as the High court may not inform them.
The Cheshire county court is to set aside the original order of possession to apply for any other application.
HCEOs in Chester aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
In England and Wales, the names of authorized HCEOs are available from the HCEO's directory.
HCEOs pledges to a code of practice.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Chester unless they are recommended by the court to do so.
Regulations govern the activities of HCEOs and all other bailiffs in Chester with effect from 6 April 2014.
Under these regulations, HCEO has no right to:
Without the court orders, entering a residential property in Cheshire later than 9pm or prior to 6am
Entering the property in Chester while only a child under 16 years of age is present
Take vital household goods like a cooker, fridge or washing machine
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