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A landlord in Glasgow can apply to transfer a possession order to the High Court Enforcement Office (HCEO) as an alternative to enforcing the process with a request from a county court to give a warrant possession notice.
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Glasgow.
The possession order from the High Court can occur in Cadder, Baillieston, or Acre through these means:
The possession proceeding was held in the High Court in City of Glasgow, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Glasgow requests for a notice of possession in the High Court, it is usually transferred to the county court.
The landlord in Glasgow specifically applies to the county court to get the process transferred into the High Court.
Only the county court judge has the choice of transferring to the High Court for enforcement in Baillieston, Cadder, or Acre or not.
A request of transferring the possession order to the High Court can be made to County Court during the procession order proceedings by the Glasgow landlord.
The Glasgow landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
If there is an appeal against the ruling or any pending applications from the Glasgow tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
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 Cadder, Acre, or Baillieston.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Glasgow and the writ is also known as a writ of Fieri facias or writ of fi fa.
Any debt that is controlled by the Consumer Credit Act (CCA), cannot be moved to the high court for execution because CCA regulated contracts can only be executed in the county court in City of Glasgow.
Landlords in Glasgow may request that the order be transferred to the High Court due to reasons which include:
Enforcement in Glasgow through the County Court bailiffs is slower than through the HCEOs
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in City of Glasgow
Prevention of more damage to the property and/or behaviour that is not social in Glasgow
The HCEO can enforce a possession order as well as seize the goods in Glasgow when money is due
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
The costs of using an HCEO for eviction in Glasgow are higher than the City of Glasgow county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement to the High Court.
The tenant's causes can be:
The landlord in Glasgow has not given any proof of delays in case of usage of bailiffs from county courts
The total costs involved are not proportionate
Extra time is needed by the tenant to find some other place to live in Baillieston, Cadder, or Acre after eviction
Extenuating circumstances such as children or rent arrears may play a major role in the court in Glasgow when considered by the judge.
If the landlord's request to transfer the possession order to the High Court is granted by the City of Glasgow county court, the landlord would then have to obtain the permission of the High Court ahead of the issuance of the writ of eviction, 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 Glasgow.
When the landlord in Acre, Baillieston, or Cadder 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 High Court must not grant permission until each tenant in Glasgow is given such notice as the Court considers sufficient.
There can be many forms of giving a notice as no particular requirement is mentioned in City of Glasgow.
However, it should be according to the facts of the case.
In the event that a tenant in Glasgow who had a case that had been transferred to the High Court was aware, a reminder from the property owner of the terms of the court order and a request that possession is considered to be sufficient notice.
Failure to give adequate notice or failure to provide the Court with full information on pending appeals or applications against the proceedings of possession may result in the writ of possession being set aside even after it has been executed in Glasgow.
Many HCEOs in City of Glasgow have tried to circumvent the correct procedure by explicitly appealing to the High Court to take over the matter according to section 41 of the County Court Act 1984, or improperly utilizing Form N293A (i.e. rather than trespassers, against tenants).
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in Glasgow rather than county court bailiffs.
A writ of possession can be executed by an HCEO a couple of days after the landlord's possession notice or issue of a possession of writ has expired or the possession writ is issued in Cadder, Acre, or Baillieston.
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 Glasgow in the advance of their visit for the execution of the possession order.
However, the HCEO needs to give a seven days' notice to the tenant where they need to seize goods and money while recovering possession of the property in Glasgow.
The City of Glasgow High Court reserves the right to stay or set aside a writ of control or a writ of possession.
You should fill form N244 when making applications to the high court.
The tenant in Glasgow must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
The City of Glasgow county court is to set aside the original order of possession to apply for any other application.
HCEOs in Glasgow 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.
HCEOs are guided by a code of practice.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Glasgow until unless the court orders otherwise.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Glasgow.
The regulations include the requirements not to be met by the HCEO:
The time of entering the City of Glasgow residential property is before 6 am or after 9 pm unless authorized otherwise by the court
Enter if the only person present in the house in Glasgow is a child under the age of 16
To take or seize the basic household goods such as cooker, fridge or washing machine
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