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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 Haringey can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Haringey.
Often, a possession order is enforced in Bowes Park, Seven Sisters, or Crouch End in a high court under two conditions:
The possession hearing was in the High Court in Greater London as this is unusual since if a property owner in Haringey applies for a possession order in the High Court, it will be transferred to the County Court unless there are special cases, like complicate disagreements of fact or significant points of law.
The possession order can be transferred to the High Court for enforcement when the Haringey landlord applies for it in the county court.
The decision to permit the transfer of enforcement in Seven Sisters, Crouch End, or Bowes Park to the High Court is solely taken by the county court judge.
The landlord in Haringey can make a request whilst the county court process is in order to be transferred to the enforcement of the High Court.
The Haringey landlord needs to make an application to the county court after obtaining the possession order and in this application, they request to transfer the order to the High Court for Enforcement.
Where there are any outstanding tenant requests in Haringey, for example, a possession order appeal, the transfer request cannot be made.
If the court costs and other arrears make up over £600, it is at the discretion of the landlord to apply for a writ of control in order to recover the outstanding money in Crouch End, Seven Sisters, or Bowes Park.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Haringey, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
Agreements regulated by the CCA cannot be enforced outside the Greater London county court, so if the debt is guided by the 1994 CCA (Consumer Credit Act), it is impossible to transfer enforcement to the High Court.
A Haringey landlord can apply for transfer of the possession order to a High Court for the following reasons:
High Court Enforcement Officers can carry out the eviction in Haringey quicker than bailiffs of the county court
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in Greater London
Prevention of more damage to the property and/or behaviour that is not social in Haringey
The HCEO can impose the order of custody and seize the products in Haringey if the money is due
An interest rate of 8% will be accrued for judgement debt arrears from the start of the order transfer.
Since the level of eviction is quicker in Haringey 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.
Usually, tenants want to avoid this process because:
The landlord has not given any proof that a delay will be caused if a county court bailiff is used in Haringey
The total expenses incurred aren't balanced
They would require more time to find another place to live in Seven Sisters, Bowes Park, or Crouch End before eviction
Exceptional circumstances like when a tenant has children or owes a substantial amount of debt are usually important factors which would be considered by the court in Haringey.
If the application of the landlord to switch is given the green light by the Greater London 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:
If there is a possession order violation like suspended possession order which may include non-payment of money in Haringey, then the issuance of a writ of possession does not require permission.
When a landlord in Bowes Park, Crouch End, or Seven Sisters seeks permission from the High Court in order to enforce the possession order then every tenant (everyone in actual possession) must be served with the notice of application.
If each tenant in Haringey isn't given the notice, the High Court shouldn't grant permission.
There can be many forms of giving a notice as no particular requirement is mentioned in Greater London.
The satisfactory notice will vary according to the case facts.
If the case revolves around a single tenant in Haringey 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 enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Haringey.
A couple of HCEOs in Greater London have tried to avoid the legal process by going straight to the High Court to transfer the order under the section 41 of the 1984 County Court Act, or by inappropriately using the N293A form.
On 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
The HCEOs can carry out enforcement of a possession order in Haringey faster than the county court bailiffs.
A HCEO can execute a writ of possession in just a few days after the landlord's notice of application for permission has expired or of the issue of writ of possession in Bowes Park, Seven Sisters, or Crouch End.
There is no need to give notice to the tenants in Haringey about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
On the other hand, a HCEO must provide the tenant/creditor with a seven days' notice in case they are looking for goods and money, like rent debts and expenses and regain the possession of the residence in Haringey.
Only the High Court in Greater London has the power to stay or set aside a writ of possession, or writ of control.
You should fill form N244 when making applications to the high court.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Haringey because the HCEO may not have received this notice from the High Court.
However, another application such as to set aside the original permission order needs to be made to the County Court in Greater London.
HCEOs in Haringey are commercially paid agencies given authority by the High Court and are not actual employees of the court.
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.
High Court enforcement officers practice a code of conduct.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Haringey, unless in the situation where the court orders so.
The actions of all other bailiffs and the HCEOs when goods are seized in Haringey are in effect from 6 April 2014.
The rules include the requirements that the HCEO must not:
Enter a residential property in Greater London before 6:00 a.m. and after 9:00 p.m. without the court authorization
Enter the Haringey premises if the only person available is a child under 16 years of age
Take key household goods such as washing machine, fridge or cooker
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