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The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in Hampshire has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Hampshire.
The imposition of possession order through high court is possible in Basingstoke, Waterlooville, or Gosport by two methods:
When the possession hearing takes place in the Hampshire High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Hampshire applies for it in the High Court, however, the hearing can take place in the High Court in some exceptional situations like important points of law or complicated disputes of fact.
When the Hampshire property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
It is at the county court's discretion whether to require enforcement in Basingstoke, Gosport, or Waterlooville to be referred to the High Court.
The landlord in Hampshire can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
If the Hampshire landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Hampshire, for instance, if tenant has appealed against possession order.
If there is unpaid rent, and the arrears plus any court order costs a total of over £600, the property owner may also apply for writ of control to recover the unsettled bills in Waterlooville, Gosport, or Basingstoke.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Hampshire and the writ is also known as a writ of Fieri facias or writ of fi fa.
Any arrears managed by CCA (Consumer Credit Act) cannot be transferred to high court so as to be implemented attributing to the fact that CCA controlled agreements may only be implemented within the Hampshire county court.
If a landlord in Hampshire is applying for possession order transfer to the High Court for enforcement, it may be because:
Enforcement in Hampshire by HCEO is usually faster than the county court bailiff enforcement
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in Hampshire
To avoid continued destruction of the property in Hampshire as well as antisocial behaviour
The HCEO is authorised to execute the possession order and seize possessions in Hampshire in case cash is owed
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
The tenants may object to transfer the possession to the High Court as the eviction in Hampshire will happen quicker and they will be liable for higher costs as opposed to Hampshire county court bailiffs.
The tenant's causes can be:
No evidence from the landlord that there will be a significant delay using the county court bailiffs in Hampshire
The costs of transfer of the order are too much
To locate somewhere else to stay in Basingstoke, Gosport, or Waterlooville until relocation, he / she need extra time
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in Hampshire.
If the property owner's application to transfer is allowed by the Hampshire county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in Hampshire.
When permission is obtained in the High Court to impose a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Gosport, Waterlooville, or Basingstoke must inform' any person in real possession' of the property of the demand.
High court may not consent until each leaseholder in Hampshire has been served with the order and it is satisfied.
Notice can be given in any way in Hampshire as there are no rules for this.
The facts of the case will help with determining the sufficient notice.
Once a tenant in Hampshire 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.
If a landlord fails to give sufficient notice or failure in providing important facts to the court about the pending appeals or application against the proceedings can lead it to the delay in the possession writ, even after the implementation in Hampshire.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in Hampshire.
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
HCEOs usually enforce a possession order in Hampshire faster than county court bailiffs.
The implementation of a writ of possession by an HCEO can take place in few days after the notice by the landlord to tenants expires or when the writ of possession is issued in Basingstoke, Gosport, or Waterlooville.
The HCEO is not under obligation to provide advance notice to the Hampshire 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.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Hampshire, they are bound to give a seven day notice to tenant.
The Hampshire High court can stay or set aside a writ of control or writ of possession.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
If granted is the set aside or stay, it is important where possible, the tenant in Hampshire informs the HCEO, from the HCEO the High Court may not have kept the truth.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in Hampshire.
HCEOs in Hampshire are commercial firms authorised by the High Court, not employees of the court.
The enforcement officers, who are authorized to execute High Court writs in England and Wales, are listed on the Directory of High Court Enforcement Officers.
HCEOs commit to a code of practice.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Hampshire unless the court says so.
Since 6 April 2014, HCEOs and other bailiffs in Hampshire have been required to operate in accordance with a set of rules.
These restrictions mean that HCEOs cannot:
Gain access to a Hampshire residential property before 6am or past 9pm, unless authorised by the court
Enter if a child under the age of 16 is the only person present in Hampshire
Taking basic household stuff for instance refrigerator, cooker or washing machine
Based in Hampshire, working nationwide
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