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For a Landlord in Doncaster 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.
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in Doncaster.
The High Court can impose a possession order in Doncaster, Goole, or Adwick Le Street if:
When the hearing of possession was in high court in South Yorkshire, as this is not common because if a landlord in Doncaster makes an application for an order of possession in high court, it will be moved to county court unless there are special circumstances like complicated disputes.
If the owner of the property in Doncaster appeals the transfer of possession order from county to high court for HCEO implementation.
The county court judge has the authority to decide whether the enforcement in Doncaster, Adwick Le Street, or Goole should be transferred to High Court or not.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Doncaster to move the order of possession for enforcement in high court.
After a possession order has been served, the Doncaster 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 Doncaster tenant had made the appeal against the application of a landlord and they have strong points.
If the total costs including the unpaid rent along with court expenses are over £600, the owner of the property can appeal for warrant of control for recovering the owed money in Doncaster, Adwick Le Street, or Goole.
A control letter allows the landlord to seize the tenant or debtor's belongings in Doncaster, and this was formerly known as writ of Fieri facias or writ of fi fa.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the South Yorkshire County Court can enforce agreements regulated by the CCA.
There are several reasons as to why the Doncaster landlord may request for transfer of order for enforcement in the high court and they are:
The enforcements in Doncaster get quicker through HCEOs as compared with the bailiffs of County Court
Delays in enforcement through County Court sheriffs in South Yorkshire can cause a loss of rental income too
Prevention of additional property damage and/or antisocial behaviour in Doncaster
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Doncaster too
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
The tenants may object to transfer the possession to the High Court as the eviction in Doncaster will happen quicker and they will be liable for higher costs as opposed to South Yorkshire county court bailiffs.
The reasons for opposing the application may differ as:
The Doncaster property owner has not provided proof that there will be some delays when county court bailiffs are used
The involved cost are unbalanced
The tenant needs extra time to find somewhere else to live in Doncaster, Goole, or Adwick Le Street
Exceptional circumstances like when a tenant has children or owes a substantial amount of debt are usually important factors which would be considered by the court in Doncaster.
If the South Yorkshire 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:
More so, consent is not needed for giving out order of possession because of violation of an order of possession and this involves hanging orders where violation entails lack of money to pay in Doncaster.
When the landlord in Doncaster, Goole, or Adwick Le Street ask for leave to enforce a possession order in the High Court (except in actions against trespassers and cases of mortgage repossession), the landlord must give notice of this application to 'all persons in actual possession' of the property.
The landlord will not be granted permission from the High Court unless notice is served to each Doncaster tenant considered enough by the court.
The notice can be given in any form in South Yorkshire since there are no specific requirements.
The details of the case determined the duration of notice that is sufficient.
If the case revolves around a single tenant in Doncaster who is already aware of the case moving to high court, then a renter's reminder about order specifications and request of returning property possession qualifies as a satisfactory notice.
Failure to give adequate notice, or fail to give to court full information in regard to pending appeals or applications against the proceedings of possession, may result in the writ of possession being set aside, even after it is executed in Doncaster.
Some HCEOs in South Yorkshire 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.
Normally, HCEOs can execute an order of possession in Doncaster more quick than the county court's bailiffs.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in Adwick Le Street, Goole, or Doncaster.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Doncaster although it is common practice for them to drop off the writ and return a day or two later.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Doncaster, they are bound to give a seven day notice to tenant.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in South Yorkshire.
The applicants can use the Form N244 to submit an application in the High Court.
However, if the stay or set aside is granted, the tenant in Doncaster must inform the HCEO because the High Court may not have told them.
If there is any other application, for example, setting aside the initial possession order, it must be made to a county court in South Yorkshire.
HCEOs in Doncaster are not employed by the courts they are licensed commercial agencies.
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 writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Doncaster, unless courts decides otherwise.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Doncaster.
According to these regulations HCEO is not allowed to:
Entering the residential property in South Yorkshire 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 Doncaster
Seizing essential domestic equipment such as washing machine, fridge, or cooker
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