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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 Colchester can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in Colchester.
Often, a possession order is enforced in Colchester, Abberton, or Clacton-On-Sea in a high court under two conditions:
When the possession hearing takes place in the Essex High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Colchester applies for it in the High Court, however, the hearing can take place in the High Court in some exceptional situations like important points of law or complicated disputes of fact.
When the Colchester landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
The County Court judge can decide to allow the transfer of enforcement in Clacton-On-Sea, Abberton, or Colchester or not, that's at the judge's discretion.
The landlord in Colchester can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
The Colchester landlord may seek to withdraw and transfer the enforcement even after obtaining the possession order at the county court, he would need to go back to the county court and apply to the High Court for enforcement.
If there are any applications made by the Colchester tenant, such as a possession order appeal against, an application for move cannot go through.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Abberton, Colchester, or Clacton-On-Sea and court fees that costs over £600.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Colchester and the writ is also known as a writ of Fieri facias or writ of fi fa.
However, the debt cannot be transferred to the High Court if the debt or rent arrears are regulated by the Consumer Act 1974 (CCA), that is because agreements regulated by the CCA can only be enforced in the Essex county court.
A Colchester landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
Enforcement in Colchester by HCEO is usually faster than the county court bailiff enforcement
Delay in enforcement via County Court bailiff in Essex causes rental income loss
To avoid continued destruction of the property in Colchester as well as antisocial behaviour
The HCEO can both carry out the order and apprehend possessions in Colchester, when money is owed to the landlord
The interest on judgement debt for arrears, which is currently at the rate of 8%, will accumulate right from the transfer of the order.
The renter may decide to challenge the request to transfer enforcement in Colchester to high court considering that eviction is quicker and hiring an HCEO is costly compared to the Essex county court bailiff.
The reasons include but not limited to:
The property owner in Colchester has availed evidence that there will be a significant delay using the county court bailiffs
Court costs are expensive
He/she needs more time to look for another place to live in Colchester, Abberton, or Clacton-On-Sea before eviction
The tenant's specific issues, such as whether he/she has noticeable rent arrears or children, will most of the time be relevant factors the court in Colchester will consider.
After the Essex county court approves a landlord's transfer application, the landlord is required to request for permission from the High Court for the issue of a writ of possession can be obtained, except in cases such as:
Similarly, you can continue with a breach of possession order without having to worry about the writ of possession and this also applies to the suspended possession order in Colchester.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Colchester, Abberton, or Clacton-On-Sea will have to give notice of that application to every party in actual possession of the premises.
If each tenant in Colchester isn't given the notice, the High Court shouldn't grant permission.
There can be many forms of giving a notice as no particular requirement is mentioned in Essex.
Details of the suit will decide if the order is sufficient.
In the event that only one tenant in Colchester is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
Failure to provide sufficient notice means failure to provide enough information to the Court about pending applications or appeals against the proceedings, and this can lead to the writ of possession been set aside, even after its execution in Colchester.
Some HCEOs in Essex had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
So, in order to prevent such malpractices, High Court's Senior Master issued a practice note on 21 March 2016.
Generally, a possession order is normally enforced in Colchester faster through HCEOs than bailiffs from the county court.
HCEO can execute a writ of possession within a few days after the expiry of the notice of the landlord's application to the High Court or when the possession writ is provided in Abberton, Colchester, or Clacton-On-Sea.
The HCEO is not expected to notify the tenants earlier of their visit in Colchester 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.
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 Colchester, they will have to provide the tenant a 7 days' notice.
High court in Essex enjoys the powers to set aside or uphold possession or control writ.
Form N244 should be used to make an application to the High Court.
If the staying or setting aside is acquired, it is vital where necessary, that the Colchester leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
If there is any other application, for example, setting aside the initial possession order, it must be made to a county court in Essex.
HCEO's in Colchester are not employed by court; however, they serve as business agencies mandated by high court.
The HCEO's directory consists of the names of enforcement officers in England and Wales, who are authorized by the High court for the execution of the writs.
High Court enforcement officers practice a code of conduct.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Colchester 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 Colchester.
These restrictions mean that HCEOs cannot:
Entering the residential property in Essex before 6 am or after 9 pm, unless with the court's authority
Entering a property in Colchester if the occupant is a child younger than 16
Remove household goods deemed essential; cookers, fridges, washing machines
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