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Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in Gloucester can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
The HCEO is also known by other names in Gloucester, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
A possession order can only be enforced in Barnwood, Coney Hill, or Abbeydale through the High Court when:
The possession proceeding was held in the High Court in Gloucestershire, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Gloucester requests for a notice of possession in the High Court, it is usually transferred to the county court.
The possession order can be transferred to the High Court for enforcement when the Gloucester landlord applies for it in the county court.
The transfer of enforcement in Barnwood, Abbeydale, or Coney Hill to the high court is determined by the judge of the county court.
During the county court possession hearings, a landlord in Gloucester can request that the possession order to be moved to the high court for enforcement.
Following the approval of the possession order, the landlord in Gloucester is required to apply to the county court for a transfer of enforcement of the possession order to the High Court.
If there is an appeal against the ruling or any pending applications from the Gloucester tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Barnwood, Abbeydale, or Coney Hill.
Tenants' goods can be seized and sold in Gloucester under a writ of control, this is commonly known or refers as a 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 Gloucestershire County Court can enforce agreements regulated by the CCA.
A Gloucester landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
Enforcement in Gloucester is usually faster by HCEOs than by county court bailiffs
The slow process of execution by bailiffs of county courts in Gloucestershire results in losses for landlords due to unpaid rent
To prevent any further dismantlement to the premises in Gloucester or behaviour that is antisocial
The HCEO has the power to implement the order of possession and seize belongings in Gloucester if money is owned
The interest on judgement debt for arrears, which is currently at the rate of 8%, will accumulate right from the transfer of the order.
The opposition from the tenant's side can be seen against the transference application because in high court, the eviction process in Gloucester can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in Gloucestershire.
The reasons include but not limited to:
Insufficient evidence by the landlord in Gloucester that the Count Court bailiffs will slow down the process
The involved cost are unbalanced
The tenants need extra time to get an alternative housing arrangement in Coney Hill, Abbeydale, or Barnwood
The common factors of tenants that are classed as exceptional situations that court in Gloucester might consider are overdue rent, children or any relevant factors.
If the application of the landlord to switch is given the green light by the Gloucestershire county court, then, before having a writ of possession issued, the landlord needs to get permission from the High Court first, except in these circumstances:
Authorization for the issuance of a possession writ is also not needed in case there is a breach of possession comprising of suspension of order where there is or lack of payment of money in Gloucester.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Coney Hill, Abbeydale, or Barnwood is required to notify everyone in the property of the application and the only exceptions are if there are actions against trespassers or in cases involving mortgage repossession.
High Court is not allowed to permit until every tenant in Gloucester is given the notice that is deemed sufficient enough.
You can simply deliver the notice in any way you want in Gloucestershire.
Sufficient proof depends on the facts of the case.
Once a tenant in Gloucester already knows that there has been a transfer of the order to the High Court, a notice such as a reminder of the stipulations in the court order and a request that the tenant leaves the property may be regarded as sufficient.
Failing to provide sufficient notice, or to provide full information to the Court about pending applications or court appeals against the possession proceedings, can cause writ possession to be set aside, ever after its execution in Gloucester.
Some HCEOs in Gloucestershire 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.
Normally, HCEOs can execute an order of possession in Gloucester more quick than the county court's bailiffs.
Execution of a letter of possession by a HCEO may occur only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the question of the letter of possession is given in Barnwood, Abbeydale, or Coney Hill.
There is no need to give notice to the tenants in Gloucester about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Gloucester, they must serve a 7-days notice to the leaseholder.
The High Court in Gloucestershire has the mandate to set aside or delay a possession writ, or control writ.
Applications to the High Court are made through from N244.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Gloucester because the HCEO may not have received this notice from the High Court.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a Gloucestershire county court.
HCEOs are known as commercial agencies powered by the High Court in Gloucester.
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.
Every high court enforcement officer must stick to the code of practices.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Gloucester - only if ordered by the court.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in Gloucester came out.
The laws require that an HCEO should not:
Enter residential property in Gloucestershire before 6 am or after 9 pm unless the Court has authorised them
Enter if the only person present in the house in Gloucester is a child under the age of 16
Remove household goods deemed essential; cookers, fridges, washing machines
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