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For a Landlord in Croydon 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.
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Croydon.
Often, a possession order is enforced in Caterham, New Addington, or Warlingham in a high court under two conditions:
Hearing in the High Court in Greater London 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 Croydon landlord will be transferred to the County Court.
If the owner of the property in Croydon appeals the transfer of possession order from county to high court for HCEO implementation.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Caterham, New Addington, or Warlingham to the High Court.
If the possession order is approved during the possession hearing at the county court, the Croydon landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.
The Croydon 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.
Application for transfer can't be made in case there is any outstanding application from a tenant in Croydon, for example, an appeal against the order of possession.
If there exists any unsettled rent and the total amount of arrears alongside court expenses are more than £600, the land owner may decide to apply for the control writ to get back the unpaid cash in Caterham, New Addington, or Warlingham.
A writ of control provides for the sale and seizure of the tenant's goods in Croydon - this was formerly known as a writ of fi fa or writ of Fieri facias.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only Greater London County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
The reasons why a property owner in Croydon might seek to transfer the order to the High Court for enforcement include that:
Enforcement in Croydon is quicker through HCEOs than the county court bailiffs
Loss of income from the rental because of Greater London county court bailiff delays
Prevention of further damage to the property in Croydon or antisocial behaviour
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Croydon too
Right from the transfer of the order, the interest on judgement debt of arrears will accumulate which is currently at the rate of 8%.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Croydon is higher than the Greater London county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
The tenant's reasons could include that:
Insufficient evidence by the landlord in Croydon that the Count Court bailiffs will slow down the process
The costs incurred are out of balance
He/she is looking for some extra time to find a place to stay in New Addington, Warlingham, or Caterham before vacating
The Croydon court's decision to challenge the order transfer may be determined by a number of factors affecting the leaseholder including in the renter has a family or owes a considerable amount of rent arrears.
If the property owner's application to transfer is allowed by the Greater London county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:
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 Croydon.
The landlord in Warlingham, Caterham, or New Addington needs to give notice of this application to everyone in possession of the premises when he/she is looking to get the order transferred to the High Court.
The landlord will not be granted permission from the High Court unless notice is served to each Croydon tenant considered enough by the court.
Notice can be given in any way in Greater London as there are no rules for this.
The facts of the case will determine sufficient notice.
If there is only one tenant in Croydon in the property who is already aware that the case has been transferred to the High Court, in this case, a reminder of the terms of the court order from the landlord and a request that possession is given up can be considered sufficient notice.
If the landlord does not give adequate notice or fail to offer information that is complete to the Court about any pending appeals or applications against the proceedings for possession, this could cause the possession writ, even after its execution in Croydon to be set aside.
Some HCEOs in Greater London 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.
Enforcement of a possession order in Croydon is normally faster through HCEO as compared to the county court bailiffs.
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 New Addington, Caterham, or Warlingham.
There is no requirement for a HCEO to notify tenants in Croydon 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.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Croydon, they are bound to give a seven day notice to tenant.
The Greater London high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
Form N244 should be used to make an application to the High Court.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Croydon because the HCEO may not have received this notice from the High Court.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the Greater London county court.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Croydon backed by the High Court.
The names of authorized HCEOs in Wales and England permitted to carry out an execution of High Court writs are contained in the HCEO directory.
The code of conduct governs the activities of HCEOs.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Croydon unless court affirms.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Croydon.
They must not:
Entering the residential property in Greater London before 6 am or after 9 pm, unless with the court's authority
Enter if a child under the age of 16 is the only person present in Croydon
Take essential household goods like washing machine, fridge or cooker
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