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For a Landlord in Cornwall 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.
The HCEO is also known by other names in Cornwall, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
The High Court can enforce the possession order in Truro, Camborne-Redruth, or Saint Austell on different conditions, such as:
When the hearing of possession was in high court in Cornwall, as this is not common because if a landlord in Cornwall makes an application for an order of possession in high court, it will be moved to county court unless there are special circumstances like complicated disputes.
The landlord in Cornwall requests the county court to transfer the possession order to the High Court for execution by an HCEO.
It is the choice of the County Court judge to permit the transference of enforcement in Saint Austell, Truro, or Camborne-Redruth to the High Court.
The landlord in Cornwall can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
Upon securing a possession warrant, the owner in Cornwall will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
You cannot make an application when there is an outstanding appeal from the tenant in Cornwall, like an application to close the possession order.
The landlord could ask for a writ of control to recover the money owed in arrears by the tenant if together with court costs it is more than £600 in Camborne-Redruth, Saint Austell, or Truro.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Cornwall and this is commonly referred to as fi fa or Fieri facias writ.
Note that if the debt is under the regulation of the Consumer Credit Act 1974 (CCA), the Cornwall county court cannot transfer the possession order to the High Court for enforcement as the CCA regulates are enforceable in the county court.
A Cornwall landlord can apply for transfer of the possession order to a High Court for the following reasons:
The implementation in Cornwall is usually quicker when handled by HCEOs as compared to county court sheriffs
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in Cornwall
To avoid continued destruction of the property in Cornwall as well as antisocial behaviour
HCEO has the right to enforce the possession order as well as seizing the goods in Cornwall if there is any pending rent
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Cornwall is higher than the Cornwall county court bailiffs, a tenant may decide to object to a request to move compliance 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 Cornwall
The expenses in total are not proportionately divided
To locate somewhere else to stay in Camborne-Redruth, Saint Austell, or Truro until relocation, he / she need extra time
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Cornwall will take into account.
If County Court in Cornwall grants the application of landlord to transfer to High Court, the landlord needs to get the high court permission before the issuance of the writ of possession, except in:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in Cornwall.
When a landlord in Saint Austell, Truro, or Camborne-Redruth seeks permission from the High Court in order to enforce the possession order then every tenant (everyone in actual possession) must be served with the notice of application.
The High Court won't grant the permission without proof that every tenant in Cornwall is notified of the notice.
In Cornwall, no notification in any particular form is required.
Dependent on the facts of the case, is what is sufficient notice.
In the case of a sole tenant in Cornwall, the landlord can send a reminder of the terms of the court if the tenant is already notified about the case being transferred to the High court.
In case the renter fails to give sufficient notice or fails to provide the entire information to court concerning petitions against possession proceedings or pending claims, the order of possession may be put aside although having been implemented in Cornwall.
Many HCEOs in Cornwall have tried to circumvent the correct procedure by explicitly appealing to the High Court to take over the matter according to section 41 of the County Court Act 1984, or improperly utilizing Form N293A (i.e. rather than trespassers, against tenants).
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
Enforcement of a possession order in Cornwall is faster through HCEOs than through the county court bailiffs.
A writ of possession can be executed by an HCEO a couple of days after the landlord's possession notice or issue of a possession of writ has expired or the possession writ is issued in Truro, Camborne-Redruth, or Saint Austell.
HCEO does not need any requirement to notify the tenants in Cornwall in advance of their visit and the time they will execute the writ of possession, although it is common practice to drop off the writ and return a few days later.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the Cornwall property, a seven-day notice must be given to the tenant/creditor.
Writ of possession or writ of control can be set aside by the High Court in Cornwall.
Applications to the High Court are made through from N244.
If the staying or setting aside is acquired, it is vital where necessary, that the Cornwall leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
Otherwise, other applications, including setting aside the original possession order must be made to the Cornwall county court.
High Court enforcement officers (HCEOs) in Cornwall are commercial agencies which are not employees of High court however they are authorized by the high court.
Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.
High Court enforcement officers practice a code of conduct.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Cornwall unless they are recommended by the court to do so.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Cornwall with effect from 6 April 2014.
According to these regulations HCEO is not allowed to:
HCEOs must not enter a Cornwall residential property before 6am and after 9pm, except if the court authorized that
Entering a property in Cornwall if the occupant is a child younger than 16
Seize essential household items, such as washing machine and cooker
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