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Having the county court issue a warrant of possession is an alternative to enforcing a possession order and the landlord in Derby needs to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
HCEOs in Derby are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
The High Court can enforce the possession order in Ilkeston, Derby, or Swadlincote under the following conditions:
If the possession hearing was conducted within high court in Derbyshire as this however, is very rare as the possession order application by the landlord in Derby moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
A landlord in Derby needs to apply in a County Court for the transfer of possession order to the High Court, so the enforcement is implemented by an HCEO.
The county court judge has the authority to decide whether the enforcement in Derby, Ilkeston, or Swadlincote should be transferred to High Court or not.
The landlord in Derby can make a request whilst the county court process is in order to be transferred to the enforcement of the High Court.
The Derby landlord needs to make an application to the county court after obtaining the possession order and in this application, they request to transfer the order to the High Court for Enforcement.
An application for transfer cannot be made if there are any pending applications from the tenant in Derby, for example, an appeal against the possession order.
If court costs and rent arrears amounting to more than £600, then, the landlord may file for a writ of control to recover the amount in Swadlincote, Ilkeston, or Derby.
The control writ offers the power to grab and auction a debtor/renter's possessions in Derby and is usually to as either fiery facias or fi fa writ.
The possession order cannot be regulated to the High Court if the overdue rent is regulated by the Consumer Credit Act 1974 (CCA) because CCA regulated contracts can only be implemented by the Derbyshire County Court.
There are certain reasons why a landlord in Derby can apply for a transfer of the order to the High Court for enforcement including:
HCEOs enforcements in Derby are faster than enforcement by bailiffs of the county court
Loss of rental income because delays in enforcement through the county court bailiffs in Derbyshire
Prevention of additional property damage and/or antisocial behaviour in Derby
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Derby if the money is owed
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 tenant can oppose the application to move enforcement in Derby to the high court because the eviction is much faster and the costs of hiring a HCEO are higher than that of a county court bailiff in Derbyshire.
This may be because:
No evidence from the landlord that there will be a significant delay using the county court bailiffs in Derby
Disproportionate costs
To locate somewhere else to stay in Derby, Swadlincote, or Ilkeston until relocation, he / she need extra time
The court in Derby can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
After the Derbyshire 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 Derby.
If permission is sought in the High Court to enforce a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Derby, Swadlincote, or Ilkeston must notify every person in real possession of the property of the application.
The permission from high court cannot be granted until every tenant in Derby receives notification and court finds it satisfactory.
There is no particular method for sending the notice to those in Derbyshire.
Enough notice will be decided upon the cases facts.
In another scenario, if in case only a sole tenant in Derby was being aware of the case transfer to the High Court, the reminder from the landlord including terms of the court order could be enough as a notice.
The writ of possession may be annulled even after it has been enforced in Derby, in cases where the landlord fails to provide enough notice, or when information about appeals against the possession hearings or pending application is withheld from the court.
Some HCEOs in Derbyshire may not follow the correct procedure and they apply straight to the high court to take over a suit or use Form N293A to circumvent the proper process and can apply directly to the High Court to take over a matter and were misusing Form N293A.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
HCEOs ensure faster enforcement of a possession order in Derby than bailiffs in a County Court.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Derby, Ilkeston, or Swadlincote.
The HCEO is not obligated to inform the tenant prior to their visit in Derby 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.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Derby, they must give the tenant or creditor a seven days' notice.
Any writ of possession orders can be set aside or kept with the High Court in Derbyshire.
Applications to the High Court are made through from N244.
In case, if the stay or set aside is permitted then it is significant that HCEO should be informed by the Derby tenant about this, as this is quite possible that HCEO has not been informed by the High Court.
Other applications aside from this, such as setting aside the original possession order must be directed to the Derbyshire County Court.
HCEOs in Derby aren't the employees of the court, they are actual the commercial agencies authorized by the 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 (HCEOs) are bound by some codes of practice.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Derby unless court affirms.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Derby, when confiscating commodities.
According to these regulations HCEO is not allowed to:
Entering the residential property in Derbyshire before 6 am or after 9 pm, unless with the court's authority
Enter if the sole individual present in the Derby property is a child aged under 16
Remove household goods deemed essential; cookers, fridges, washing machines
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