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The other choice for enforcing a possession order by asking the county court to issue a warrant of possession is for the property owner in Ealing to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
In Ealing, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
The High Court can enforce a notice of possession in Bedford Park, Ealing, or Dormer's Wells if:
If the High Court in Greater London has the possession hearing as this is quite unusual, though the normal thing is that when a Ealing landlord approaches the High Court to apply for a possession order, the order will be transferred to the County Court, and the exceptions are disputes of points of law or of fact.
The landlord in Ealing requests the county court to transfer the possession order to the High Court for execution by an HCEO.
It is the county court judge that will determine if to transfer the enforcement in Bedford Park, Dormer's Wells, or Ealing to the High Court or not.
During the county court possession hearings, a landlord in Ealing can request that the possession order to be moved to the high court for enforcement.
The Ealing 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.
Where there are any outstanding tenant requests in Ealing, for example, a possession order appeal, the transfer request cannot be made.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Bedford Park, Ealing, or Dormer's Wells, and if courts cost in addition to rents owed is more than £600.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Ealing, and in the past, this was commonly known as 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 Greater London county court.
A Ealing landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
The enforcement process is quicker in Ealing through the HCEO than the county court bailiffs
Loss of income from the rental because of Greater London county court bailiff delays
Avoiding any further damage to the assets or antisocial behaviour in Ealing
If the tenant owes you money, the HCEO can seize the defaulter's goods in Ealing to recover your money as well as enforce the possession order
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
Not only is it more expensive to use a HCEO, eviction in Ealing is also faster with HCEOs as compared to county court bailiffs in Greater London, tenants may counter an application for a transfer to the High Court for enforcement.
The tenant's reasons could include that:
The landlord is yet to prove that there may delays if the case is handled by a county court's bailiffs in Ealing
The expenses in total are not proportionately divided
The tenant needs enough time to find alternative accommodation in Ealing, Bedford Park, or Dormer's Wells
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 Ealing.
If the Greater London county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except in:
You will also not require permission for the writ of possession to be issued for a breach, including a breach of possession order that is suspended or when the possession order breach is bills that are unpaid in Ealing.
If the landlord in Ealing, Bedford Park, or Dormer's Wells is in a possession to apply for the go ahead to enforce an order of possession in the High Court, he must ensure that all the people in actual possession of the property in question are notified.
The permission from high court cannot be granted until every tenant in Ealing receives notification and court finds it satisfactory.
The notice can be given in any form as there is no specific requirement for it in Greater London.
Enough notice will be decided upon the cases facts.
If the property has one sole tenant in Ealing who is aware of the case being in the High Court, a possession request and reminder of the court order's terms are enough notice.
Failure to provide sufficient notice means failure to provide enough information to the Court about pending applications or appeals against the proceedings, and this can lead to the writ of possession been set aside, even after its execution in Ealing.
There are cases where various HCEOs in Greater London trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.
Compared to using county bailiffs, enforcing a possession order in Ealing by HCEOs is faster.
The HCEO can execute the writ of possession right after a few days of expiry of the notice of the landlord's application for permission to the High court, or when the writ of possession is issued in Bedford Park, Ealing, or Dormer's Wells.
The common practice is to drop off the writ and return within a day or two, however, it is not a specific requirement by the HCEO to inform the tenants in Ealing in the advance of their visit for the execution of the possession order.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Ealing property as well as the seizure of goods and money such as pending rents or any other costs.
The Greater London High court can stay or set aside a writ of control or writ of possession.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
If the High Court later set aside the application for writ of possession, the Ealing tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
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.
HCEOs in Ealing are commercial agencies commissioned by the High Court and not employees of the 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.
All enforcement officers in high court should adhere to the code of service.
Except stated otherwise by the court, a writ of possession cannot be enforced on Christmas Day, Good Friday, or on a Sunday in Ealing.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in Ealing.
The regulations stipulate that:
Enter a residential property in Greater London before 6:00 a.m. and after 9:00 p.m. without the court authorization
Entering in the Ealing property when only a kid of less than 16 years of age is present inside
Remove household goods deemed essential; cookers, fridges, washing machines
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