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One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Grimsby can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in Grimsby.
The imposition of possession order through high court is possible in Grimsby, New Waltham, or Cleethorpes by two methods:
The Lincolnshire High Court can also enforce the possession order when the possession order's hearing was in the High Court as this process is unusual because the Grimsby landlord ought to have applied to the county court except in some cases when there may be important facts of law or complicated disputes of fact, only then can the application of a possession order in a High Court can be accepted.
The landlord in Grimsby requests the county court to transfer the possession order to the High Court for execution by an HCEO.
The transfer of enforcement in Cleethorpes, Grimsby, or New Waltham to the high court is determined by the judge of the county court.
A request of transferring the possession order to the High Court can be made to County Court during the procession order proceedings by the Grimsby landlord.
After the possession order is acquired the landlord in Grimsby will need to apply to the county court and request that the order to be moved to the high court for implementation.
Application for transfer can't be made in case there is any outstanding application from a tenant in Grimsby, for example, an appeal against the order of possession.
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 New Waltham, Cleethorpes, or Grimsby.
Tenants' goods can be seized and sold in Grimsby under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only Lincolnshire County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
If a landlord in Grimsby is applying for possession order transfer to the High Court for enforcement, it may be because:
The implementation in Grimsby is usually quicker when handled by HCEOs as compared to county court sheriffs
Loss in rental income by the Lincolnshire county court bailiffs due to delays in compliance
It avoids additional anti-social activities or property destructions in Grimsby
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Grimsby if they owe money
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
The tenant can oppose the application to move enforcement in Grimsby to the high court because the eviction is much faster and the costs of hiring a HCEO are higher than that of a county court bailiff in Lincolnshire.
The reasons why a tenant can do so are:
The Grimsby landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The costs incurred are out of balance
S/he needs the extra time to find somewhere else to live in Cleethorpes, New Waltham, or Grimsby before an eviction is endorsed
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Grimsby will take into account.
In case the county court in Lincolnshire allows the owner to move the order to the high court, the owner may require obtaining consent from high court before serving the possession writ except during:
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 Grimsby as required.
If permission is sought in the High Court to enforce a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Grimsby, Cleethorpes, or New Waltham must notify every person in real possession of the property of the application.
The High Court should not permit unless each tenant in Grimsby is given such a notice as the Court considers enough.
When serving the notice, there are no set out requirements of the form in Lincolnshire.
So, enough notice depends on each individual case facts.
When dealing with just one tenant in Grimsby who is aware of the transfer to the High Court, the landlord may just send a reminder, reminding the tenant of the court order and he should also remind the tenant to give up the possession.
If the landlord fails to provide enough notice or does not give all the details to the court about appeals against possession hearings or pending applications, the writ of possession can be set aside even after it has been executed in Grimsby.
There were several HCEOs in Lincolnshire who tried to bypass the stipulated process by making an application directly to the high court to take control of the issue under section 41 or by using form N293A incorrectly that is against tenants instead of trespassers.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
The HCEOs can carry out enforcement of a possession order in Grimsby faster than the county court bailiffs.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in New Waltham, Cleethorpes, or Grimsby.
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 Grimsby in the advance of their visit for the execution of the possession order.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the Grimsby property, a seven-day notice must be given to the tenant/creditor.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Lincolnshire.
Applications should be submitted on Form N244 to the High Court.
In case, if the stay or set aside is permitted then it is significant that HCEO should be informed by the Grimsby tenant about this, as this is quite possible that HCEO has not been informed by 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 Lincolnshire county court.
The role of commercial agencies is assigned to HCEOs in Grimsby and authorised by the High Court, not the Court employees.
If you need to check the names of enforcement officers in England and Wales, there is a Directory of High Court Enforcement Officers who have been authorized to execute High Court writs.
Every high court enforcement officer must stick to the code of practices.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Grimsby unless they are recommended by the court to do so.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Grimsby with effect from 6 April 2014.
The protocols include:
Enter the Lincolnshire property before 6am or after 9pm unless when ordered by the court
Enter the Grimsby premises if the only person available is a child under 16 years of age
Taking essential household goods example washing machine, cooker or fridge
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