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The landlord in Dewsbury can get enforcement by high court enforcement officer by simply applying to the county court to transfer its possession order from county court to High Court which is also an alternative to possession order implementation by the issuance of the warrant of possession from the County Court.
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Dewsbury.
The High Court can impose a possession order in Batley, Heckmondwike, or Ossett if:
If the possession hearing was conducted within high court in West Yorkshire as this however, is very rare as the possession order application by the landlord in Dewsbury moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
The Dewsbury landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
It is the county court judge that will determine if to transfer the enforcement in Batley, Heckmondwike, or Ossett to the High Court or not.
At the hearings of possession in the regional court, the owner of property in Dewsbury may request for the order of possession be transferred to high court to be implemented starting from there.
The Dewsbury 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.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in Dewsbury 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 Ossett, Batley, or Heckmondwike.
With a writ of control, the tenant's goods can be seized and sold in Dewsbury, this is otherwise known as the writ of fi fa or writ of fiery facias.
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 Yorkshire county court.
Landlords in Dewsbury may request that the order be transferred to the High Court due to reasons which include:
The enforcement in Dewsbury is normally faster via the HCEOs compared to county court bailiffs
Delays in implementation by the West Yorkshire county court bailiffs could cause the landlord to lose rental income
Further damage to the Dewsbury property and anti-social behaviours are prevented
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Dewsbury too
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to West Yorkshire county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Dewsbury go to the High Court.
The reasons include but not limited to:
The property owner in Dewsbury has availed evidence that there will be a significant delay using the county court bailiffs
The costs incurred are out of balance
They need extra time to find a place before eviction in Batley, Ossett, or Heckmondwike
The court in Dewsbury can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
If the county court in West Yorkshire grants the application of the landlord to transfer order, the landlord will have to get high court permission before a writ of possession is served except in:
Also, permission is not required for issuing a possession writ following a possession order infringement, including a possession order that is suspended, where the infringement involves non-payment of money in Dewsbury.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Batley, Heckmondwike, or Ossett must give notice application to 'every person in actual possession' of the property.
High Court is not allowed to permit until every tenant in Dewsbury is given the notice that is deemed sufficient enough.
In West Yorkshire, no notification in any particular form is required.
The time period of the notice will be determined on the cases facts.
In another scenario, if in case only a sole tenant in Dewsbury 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 Dewsbury, 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.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in West Yorkshire by applying to High Court directly to take over the issue under section 41 of the County Court Act 1984 as well as by using form N293A in improper way.
The Senior Master of the High Court (Queens Bench Division) releases a practice note on 21 March 2016 to block these loopholes and stop the unfair practices.
Normally, HCEOs can execute an order of possession in Dewsbury more quick than the county court's bailiffs.
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 Batley, Ossett, or Heckmondwike.
There is no law asking the HCEO to inform the tenants in Dewsbury in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.
Where a HCEO is planning to seize good and money as well as repossess the property in Dewsbury, they must prove the tenant /creditor with a 7 days' notice.
High court in West Yorkshire enjoys the powers to set aside or uphold possession or control writ.
You will need to complete form N244 during your application to high court.
In case the stay or set aside is obtained, it's important where applicable, that the Dewsbury tenant notifies the HCEO of the situation since the high court might have not notified 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 West Yorkshire.
HCEOs are known as commercial agencies powered by the High Court in Dewsbury.
If you need to check the names of enforcement officers in England and Wales, there is a Directory of High Court Enforcement Officers who have been authorized to execute High Court writs.
All high court enforcement officers must abide to a code of practice.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Dewsbury unless court affirms.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Dewsbury.
The regulations include the requirements not to be met by the HCEO:
HCEOs must not enter a West Yorkshire residential property before 6am and after 9pm, except if the court authorized that
Enter the Dewsbury property if the person present is the child aged under 16
Take important household items like a fridge, washing machine, or cooker
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