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If a landlord in Coventry doesn't want to issue a warrant for possession order, the landlord may apply for the transfer of the order to the High Court, then, the High Court Enforcement Officer (HCEO) will enforce the order.
HCEOs in Coventry are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
Often, a possession order is enforced in Stoke, Coventry, or Willenhall in a high court under two conditions:
Hearing in the High Court in West Midlands is only possible if the circumstances are dire, for example, the High Court will deal with the case if the dispute is having any exceptional circumstances, otherwise, the possession order applied for by the Coventry landlord will be transferred to the County Court.
The property owner in Coventry applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
It is the choice of the County Court judge to permit the transference of enforcement in Stoke, Willenhall, or Coventry to the High Court.
The landlord in Coventry can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
Once the order of possession is obtained by the Coventry landlord, he can appeal before county court and request movement of order for purposes of implementation in high court.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in Coventry against a possession order.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Willenhall, Coventry, or Stoke.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Coventry.
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 West Midlands county court.
The Coventry landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
The implementation in Coventry is usually quicker when handled by HCEOs as compared to county court sheriffs
Rental income losses caused by delays in enforcement through the bailiffs of the county court in West Midlands
Prevention of further damage to the Coventry property and/or anti-social behaviour
The HCEO can enforce a possession order as well as seize the goods in Coventry when money is due
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
A tenant may object the transfer of application of enforcement in Coventry to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in West Midlands.
The reasons why a tenant can do so are:
The landlord did not provide proof that the use of county court bailiffs in Coventry would be substantially affected
The costs of transfer of the order are too much
They would require more time to find another place to live in Coventry, Stoke, or Willenhall before eviction
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in Coventry.
After the West Midlands 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:
The landlord may not need permission for the issue of a writ of possession in case of the possession order breach, and it is also not required in case of a possession order that is suspended where the breach is in money non-payment in Coventry.
When a landlord in Stoke, Willenhall, or Coventry 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.
Unless every occupant in Coventry is given the notice that the Court decides is enough, the High Court must not grant permission.
In West Midlands, no notification in any particular form is required.
The satisfactory notice will vary according to the case facts.
In the case of a sole tenant in Coventry who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession could be sufficient notification.
Failure to provide enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Coventry.
A couple of HCEOs in West Midlands have tried to avoid the legal process by going straight to the High Court to transfer the order under the section 41 of the 1984 County Court Act, or by inappropriately using the N293A form.
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
Compared to using county bailiffs, enforcing a possession order in Coventry by HCEOs is faster.
It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in Stoke, Willenhall, or Coventry.
The HCEO is not obligated to inform the tenant prior to their visit in Coventry on when the writ of possession would be executed, usually they deliver the writ and visit the property again the next day or 2 days after.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Coventry property as well as the seizure of goods and money such as pending rents or any other costs.
The high court in West Midlands has the authority to either set aside or to stay the writ of possession or writ of control.
Form N244 should be used when applying to the high Court.
The tenant in Coventry must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
The applicants must make any other application to the West Midlands county court, for instance, to set aside the original possession order.
HCEOs in Coventry are commercial agencies certified by the High Court, they are not employees of the court.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
All enforcement officers of the high court need to adhere to the practice code.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Coventry until unless the court orders otherwise.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Coventry, when confiscating commodities.
The regulations include the requirements not to be met by the HCEO:
Enter the West Midlands property before 6am or after 9pm unless when ordered by the court
Entering in the Coventry property when only a kid of less than 16 years of age is present inside
Seize important household items including fridges, washing machine or cooker
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