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Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in Harrow is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Harrow.
A possession warrant may be imposed in Eastbury, Belmont, or Burnt Oak by the High Court if:
If the High Court in Greater London has the possession hearing as this is quite unusual, though the normal thing is that when a Harrow landlord approaches the High Court to apply for a possession order, the order will be transferred to the County Court, and the exceptions are disputes of points of law or of fact.
The landlord in Harrow requests the county court to transfer the possession order to the High Court for execution by an HCEO.
Only the county court judge has the choice of transferring to the High Court for enforcement in Belmont, Burnt Oak, or Eastbury or not.
During the county court possession proceedings, the landlord in Harrow may request that the possession order, if made, be transferred for enforcement to the High Court.
The Harrow 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.
A land owner cannot apply for a transfer if the tenant in Harrow has a pending application, for instance, an appeal against the notice of possession.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Eastbury, Burnt Oak, or Belmont, and if courts cost in addition to rents owed is more than £600.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Harrow, 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.
Landlords in Harrow may request that the order be transferred to the High Court due to reasons which include:
The execution in Harrow through HCEOs is quick than the bailiffs of county courts
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in Greater London
Avoid further property damage in Harrow and any antisocial behaviour of the tenants
The HCEO can both carry out the order and apprehend possessions in Harrow, when money is owed to the landlord
Interest, currently at the rate of 8 percent, will accrue on the judgment debt for arrears from the moment the order is transferred.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to Greater London county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Harrow go to the High Court.
Usually, tenants want to avoid this process because:
Insufficient evidence by the landlord in Harrow that the Count Court bailiffs will slow down the process
The costs involved are too high
He/she needs more time to look for another place to live in Belmont, Eastbury, or Burnt Oak 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 Harrow.
In case the county court in Greater London 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:
Furthermore, the permission required before serving warrant of possession is not necessary when there is a violation of order of possession including suspension orders in which violation includes non payment of money in Harrow.
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 Belmont, Burnt Oak, or Eastbury must inform' any person in real possession' of the property of the demand.
The permission from high court cannot be granted until every tenant in Harrow receives notification and court finds it satisfactory.
The notice can be given in any form as there is no specific requirement for it in Greater London.
The facts of the case will determine whether the notice is enough.
In the event that a tenant in Harrow who had a case that had been transferred to the High Court was aware, a reminder from the property owner of the terms of the court order and a request that possession is considered to be sufficient notice.
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 Harrow.
It is also possible that HCEOs in Greater London take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
The HCEOs can carry out enforcement of a possession order in Harrow faster than the county court bailiffs.
Execution of the possession order is possible only in a few days of the expiration of the notice given by the landlord when executed by the high court or after then possession writ is issued in Belmont, Eastbury, or Burnt Oak.
The HCEO is not obligated to inform the tenant prior to their visit in Harrow on when the writ of possession would be executed, usually they deliver the writ and visit the property again the next day or 2 days after.
However, the HCEO needs to give a seven days' notice to the tenant where they need to seize goods and money while recovering possession of the property in Harrow.
The Greater London High Court reserves the right to stay or set aside a writ of control or a writ of possession.
Applications should be submitted on Form N244 to the High Court.
However, if the stay or set aside is granted, the tenant in Harrow must inform the HCEO because the High Court may not have told them.
The Greater London county court is to set aside the original order of possession to apply for any other application.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Harrow backed by the High Court.
In England and Wales, names of the enforcement officers authorised to execute High Court writs are contained in the Directory of High Court Enforcement Officers.
HCEOs commit to a code of practice.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Harrow, unless the court has stated otherwise.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in Harrow.
Under these regulations, the HCEO is restricted from:
Entering the residential property in Greater London before 6 am or after 9 pm, unless with the court's authority
Entering a property in Harrow if the occupant is a child younger than 16
Seize important household items including fridges, washing machine or cooker
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