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When it comes to obtaining and enforcing a possession order, landlords in Grays have many options to choose from and ideally, applying for the same via the county court has been popular, yet, there is another viable option - the High Court Writ of Eviction.
HCEOs are also called law enforcement officers, sheriffs or certified bailiffs in Grays.
The High Court can enforce the possession order in Tilbury, Grays, or South Ockendon under the following conditions:
The hearing was held at the High Court in Essex, this is unusual because if a landlord in Grays applies in the High Court for a possession order, it will be transferred to the county court unless there are exceptional circumstances, such as complicated factual disputes or significant legal issues.
The landlord in Grays shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
It is at the discretion of the county court judge to approve the transfer of enforcement in Tilbury, Grays, or South Ockendon to the High Court or not.
The landlord in Grays can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
Upon securing a possession warrant, the owner in Grays will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
The application for transfer cannot be made if the Grays tenant had made the appeal against the application of a landlord and they have strong points.
If there exists any unsettled rent and the total amount of arrears alongside court expenses are more than £600, the land owner may decide to apply for the control writ to get back the unpaid cash in South Ockendon, Grays, or Tilbury.
The writ of control is empowering the landlord to seize and sale the tenant's goods to recover his money in Grays, and it is called the writ of Fieri facias or writ of fi fa.
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 Grays landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
Enforcement in Grays is usually faster by HCEOs than by county court bailiffs
Loss of rental income because of delay in enforcement through the Essex county court bailiffs
To prevent any further dismantlement to the premises in Grays or behaviour that is antisocial
HCEO has the right to enforce the possession order as well as seizing the goods in Grays if there is any pending rent
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
HCEOs offer faster eviction speed in Grays and are more expensive than the bailiffs in County Court in Essex, thus, a tenant may not be comfortable with the transfer arrangement and kick against it for a wide range of reasons.
Some reasons the tenant may give include:
The landlord in Grays has not given any proof of delays in case of usage of bailiffs from county courts
Court costs are expensive
She or he wishes for additional time to find another area to settle down in South Ockendon, Grays, or Tilbury prior to moving out
Extenuating circumstances such as children or rent arrears may play a major role in the court in Grays when considered by the judge.
If the county court in Essex grants the application of the landlord to transfer order, the landlord will have to get high court permission before a writ of possession is served except in:
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 Grays as required.
If the landlord in Tilbury, Grays, or South Ockendon 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 High Court must not grant permission until each tenant in Grays is given such notice as the Court considers sufficient.
You can simply deliver the notice in any way you want in Essex.
The details of the case determined the duration of notice that is sufficient.
In the case of a sole occupant in Grays that has had case in the High Court had acknowledged the notice, reminding them of the court order's terms and a request for possession is counted as enough notice.
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 Grays.
Some HCEOs in Essex try to take over the matter under section 41 of the County Court Act 1984 by applying directly to the High Court or by inappropriately using Form N293A (i.e., against tenants instead of trespassers) to circumvent the correct procedure.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
Enforcement of a possession order in Grays is normally faster through HCEO as compared to the county court bailiffs.
It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in South Ockendon, Tilbury, or Grays.
The HCEO is not under obligation to provide advance notice to the Grays tenants about when the writ of possession will be executed, however, they usually drop the writ with the tenant and revisit the tenant a day or two later.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in Grays and seizing goods and payment in form of court costs and owed rent.
The Essex High court can stay or set aside a writ of control or writ of possession.
You should fill form N244 when making applications to the high court.
If stay or set aside is given, then it's important for the tenant in Grays to inform the HCEO themselves of these details because the High Court may not have provided them with the information.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the Essex county court.
HCEOs in Grays are commercial agencies certified by the High Court, they are not employees of the court.
Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.
HCEOs commit to a code of practice.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Grays - only if ordered by the court.
Starting from the 6th of April, 2014, certain laws were put in place to govern activities of HCEOs and bailiffs in Grays during seizure of tenant possessions.
The rules include the requirements that the HCEO must not:
Reach a residential property in Essex by 6 a.m. or 9 p.m., as approved by the judge
Go inside the Grays house if the only person there is a child of 16 years of age and below
Taking basic household stuff for instance refrigerator, cooker or washing machine
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