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The landlord in Greenwich can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
The HCEO is also known by other names in Greenwich, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
The imposition of possession order through high court is possible in Deptford, Maze Hill, or Greenwich by two methods:
The possession hearing was in the High Court in Greater London which is rare because if a landlord in Greenwich 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.
The Greenwich landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
The regional court has the jurisdiction to determine whether or not to move enforcement in Greenwich, Deptford, or Maze Hill to high court.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Greenwich to move the order of possession for enforcement in high court.
Once the order of possession is obtained by the Greenwich landlord, he can appeal before county court and request movement of order for purposes of implementation in high court.
An application for transfer cannot be made if there are any pending applications from the tenant in Greenwich, for example, an appeal against the possession order.
The landlord can also apply for a writ of control if they need to recover the rent arrears and court costs of more than £600 in Deptford, Maze Hill, or Greenwich.
The writ of control gives the authority in Greenwich to seize and sell tenant/debtor's goods and it is commonly known as a writ of fi fa or writ of Fieri facias.
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 Greater London.
A Greenwich landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
Enforcement in Greenwich is quicker through HCEOs than the county court bailiffs
Rental income losses caused by delays in enforcement through the bailiffs of the county court in Greater London
Further damage to the Greenwich property and anti-social behaviours are prevented
If there are rent arrears, HCEOs are empowered to confiscate goods in Greenwich as well as enforce the possession order
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
Since the level of eviction is quicker in Greenwich but the expense of using a HCEO is greater than the county court bailiffs in Greater London, a plaintiff may want to respond to a proposal to shift compliance to the High Court.
The reasons for the tenant may be:
The landlord in Greenwich has not given any proof of delays in case of usage of bailiffs from county courts
The payment involved in the process varies
They would require more time to find another place to live in Deptford, Greenwich, or Maze Hill before eviction
The tenant's specific issues, such as whether he/she has noticeable rent arrears or children, will most of the time be relevant factors the court in Greenwich will consider.
After the Greater London county court approves a landlord's transfer application, the landlord is required to request for permission from the High Court for the issue of a writ of possession can be obtained, except in cases such as:
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 Greenwich.
When permission is sought in the High Court to enforce a possession order (i.e. except in actions against trespassers and cases of mortgage repossession), the property owner in Maze Hill, Greenwich, or Deptford is to give notice of the application to 'every person in actual possession' of the property.
The landlord will not be granted permission from the High Court unless notice is served to each Greenwich tenant considered enough by the court.
There are no specific instructions about what constitutes acceptable notice in Greater London.
The facts of the case will determine sufficient notice.
If the case revolves around a single tenant in Greenwich who is already aware of the case moving to high court, then a renter's reminder about order specifications and request of returning property possession qualifies as a satisfactory 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 Greenwich.
Some HCEOs in Greater London 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.
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
HCEOs usually enforce a possession order in Greenwich faster than county court 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 Greenwich, Deptford, or Maze Hill.
There is no law asking the HCEO to inform the tenants in Greenwich in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.
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 Greenwich property as well as the seizure of goods and money such as pending rents or any other costs.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Greater London.
Applications to the High Court are made through from N244.
However, if the stay or set aside is granted, the tenant in Greenwich must inform the HCEO because the High Court may not have told them.
If there is any other application, for example, setting aside the initial possession order, it must be made to a county court in Greater London.
HCEOs in Greenwich are not employed by the courts they are licensed commercial agencies.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
High Court enforcement officers practice a code of conduct.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Greenwich unless the court orders otherwise.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Greenwich are governed by some regulations.
The laws require that an HCEO should not:
HCEOs must not enter a Greater London residential property before 6am and after 9pm, except if the court authorized that
Enter a Greenwich residential property if the only person present at the time is below the age of 16
Take important household items like a fridge, washing machine, or cooker
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