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For a Landlord in Cumbria 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.
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Cumbria.
A possession order can be applied in Kendal, Barrow-in-Furness, or Carlisle through the High Court when:
The possession proceeding was held in the High Court in Cumbria, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Cumbria requests for a notice of possession in the High Court, it is usually transferred to the county court.
The property owner in Cumbria applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
Only the county court judge has the choice of transferring to the High Court for enforcement in Barrow-in-Furness, Kendal, or Carlisle or not.
The landlord in Cumbria can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
After a possession order has been served, the Cumbria property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
The application for transfer cannot be made if the Cumbria tenant had made the appeal against the application of a landlord and they have strong points.
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 Kendal, Carlisle, or Barrow-in-Furness.
A writ of control provides for the sale and seizure of the tenant's goods in Cumbria - this was formerly known as a writ of fi fa or writ of Fieri facias.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Cumbria executes them as they are CCA regulated agreements.
A Cumbria landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
Enforcement in Cumbria is normally faster through HCEOs as compared to county court bailiffs
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in Cumbria
To prevent any further dismantlement to the premises in Cumbria or behaviour that is antisocial
HCEOs have authority of execution of the possession order and also of seizing the goods in Cumbria in case of money owned
Right from the transfer of the order, the interest on judgement debt of arrears will accumulate which is currently at the rate of 8%.
The tenants may object to transfer the possession to the High Court as the eviction in Cumbria will happen quicker and they will be liable for higher costs as opposed to Cumbria county court bailiffs.
The reasons why a tenant can do so are:
The landlord in Cumbria may have no proof that using the county court bailiff would delay the case
The expenses in total are not proportionately divided
They need extra time to find a place before eviction in Carlisle, Kendal, or Barrow-in-Furness
The common factors of tenants that are classed as exceptional situations that court in Cumbria might consider are overdue rent, children or any relevant factors.
If the Cumbria county court awards the application from the property owner to transfer the possession order to the High Court, the landlord must apply for the consent of the High Court before the court issues the writ of possession, except for:
If the possession order is breached, the writ of possession can be issued without permission, and the breach may include the suspension of a possession order, especially when rent arrears are a part of the breach in Cumbria.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Barrow-in-Furness, Carlisle, or Kendal will have to give notice of that application to every party in actual possession of the premises.
High court may not consent until each leaseholder in Cumbria has been served with the order and it is satisfied.
In Cumbria, it is not required to give the notice in a specific form.
The notice must include the fact of case; this is the vital part of the notice.
If there is only one tenant in Cumbria 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.
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 Cumbria.
Some HCEOs in Cumbria try to take over the matter under section 41 of the County Court Act 1984 by applying directly to the High Court or by inappropriately using Form N293A (i.e., against tenants instead of trespassers) to circumvent the correct procedure.
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
Generally, a possession order is normally enforced in Cumbria faster through HCEOs than bailiffs from the county court.
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 Kendal, Carlisle, or Barrow-in-Furness.
HCEO does not need any requirement to notify the tenants in Cumbria 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.
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 Cumbria, they will have to provide the tenant a 7 days' notice.
The Cumbria High Court can uphold or set aside a writ of possession, or writ of control.
Applications should be made on form N244.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Cumbria will inform the HCEO of this fact as the 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 Cumbria.
The role of commercial agencies is assigned to HCEOs in Cumbria and authorised by the High Court, not the Court employees.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
The code of conduct governs the activities of HCEOs.
A possession writ shall not be executed on a Sunday, Good Friday or Christmas Day in Cumbria, unless otherwise ordered by the court.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Cumbria.
According to these regulations the HCEO must not:
The HCEO mustn't enter a residential property in Cumbria before 6 am, or after 9 pm, without authorization from the court
Enter a premise in Cumbria if the only person inside is someone under the age of 16
Take goods such as the washing machine, fridge, or cooker
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