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Another method for implementation of order of possession is requesting possession warrant from the county court and then the landlord in Essex will be able to apply for the order to move in high court where it can be implemented by enforcement officer of the high court (HCEO).
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Essex.
A possession order can be applied in Abridge, Abbess Roding, or Abberton through the High Court when:
The possession hearing was in the High Court in Essex which is rare because if a landlord in Essex applies in the high court for a possession warrant, it will be moved to the county court unless there are exceptional circumstances such as complex factual conflicts or important legal issues.
If the owner of the property in Essex appeals the transfer of possession order from county to high court for HCEO implementation.
It is the county court judge that will determine if to transfer the enforcement in Abberton, Abbess Roding, or Abridge to the High Court or not.
During the County Court possession proceedings, the landlord in Essex can request for the transfer of the possession order to the High Court for enforcement.
Following the approval of the possession order, the landlord in Essex is required to apply to the county court for a transfer of enforcement of the possession order to the High Court.
The landlord can't make the application if there are outstanding issues such as if the tenant in Essex has appealed against the order.
Or if the tenant has rent arrears, when coupled together with court costs come to more than £600, a landlord can apply to get a writ of control which will enable them to recoup any debited money in Abridge, Abbess Roding, or Abberton.
With a writ of control, the tenant's goods can be seized and sold in Essex, this is otherwise known as the writ of fi fa or writ of fiery facias.
Note that if the debt is under the regulation of the Consumer Credit Act 1974 (CCA), the Essex county court cannot transfer the possession order to the High Court for enforcement as the CCA regulates are enforceable in the county court.
The reasons why a property owner in Essex might seek to transfer the order to the High Court for enforcement include that:
Enforcement in Essex through the County Court bailiffs is slower than through the HCEOs
Loss of income from the rental because of Essex county court bailiff delays
Avoid further property damage in Essex and any antisocial behaviour of the tenants
The HCEO is authorised to execute the possession order and seize possessions in Essex in case cash 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%.
A tenant may object the transfer of application of enforcement in Essex to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in Essex.
The tenant could have the following reasons:
The Essex landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
Disproportionate costs
She or he wishes for additional time to find another area to settle down in Abbess Roding, Abberton, or Abridge prior to moving out
The decision of the Essex court to oppose the transfer of order will be influenced by several factors that affect the tenant such as if the tenant has children or has significant rent arrears.
In case the landlord's application to transfer is accepted, by the Essex county court, then the landlord needs to get high Court's consent before the assurance of the writ of possession unless if:
Moreover, you don't need permission to issue a writ of possession if there is a breach of the possession order, including a violation of a suspended possession order by failing to pay money in Essex as required.
When a landlord in Abbess Roding, Abridge, or Abberton seeks permission from the High Court in order to enforce the possession order then every tenant (everyone in actual possession) must be served with the notice of application.
Permission must not be granted by the High Court except each tenant in Essex is provided with the notice in the timeframe that is deemed sufficient by the Court.
The notice does not require any particular form in Essex.
Dependent on the facts of the case, is what is sufficient notice.
If there is just one tenant in the Essex property, who is already aware of the case being transferred, then a simple reminder by the landlord of the guidelines from the court order and a demand that the property is to be given up is more than enough.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Essex.
Some HCEOs in Essex 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.
On 21 March 2016, a practice note was issued by the Senior Master of the High Court in order to ensure that these malpractices stop.
Frequently, HCEO's enforcement of order of possession in Essex is frequently faster than the county court agents.
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 Abberton, Abridge, or Abbess Roding.
There is no need to give notice to the tenants in Essex about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Essex, they must give the tenant or creditor a seven days' notice.
Writ of possession or writ of control can be set aside by the High Court in Essex.
High Court Applications should be made on form N244.
In case, if the stay or set aside is permitted then it is significant that HCEO should be informed by the Essex tenant about this, as this is quite possible that HCEO has not been informed by the High Court.
Any other application, such as setting aside the original possession order, must be placed to the county court in Essex.
HCEOs in Essex aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
All enforcement officers in England and Wales authorized by the High Court to execute writs are listed in the Directory of High Court Enforcement Officers.
The HCEOs cannot carry out the evictions if they aren't subscribed to a code of practice.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Essex, unless in the situation where the court orders so.
Since 6 April 2014, HCEOs and other bailiffs in Essex have been required to operate in accordance with a set of rules.
The regulations stipulate that:
Go inside the Essex residential premises earlier than 6 am or past 9 pm unless the court orders that
Entering a property in Essex with an under 16 person the only person in the property
Seize important household items including fridges, washing machine or cooker
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