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The other choice for enforcing a possession order by asking the county court to issue a warrant of possession is for the property owner in Hereford to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
In Hereford, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
A possession warrant may be imposed in Hereford, Stretford, or Eastwood by the High Court if:
The possession hearing was in the High Court in Herefordshire as this is unusual since if a property owner in Hereford 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.
If the Hereford landlord applies for the transfer of the possession order from the County Court to the High Court to enable the HCEO to enforce the order.
The County Court judge can decide to allow the transfer of enforcement in Eastwood, Hereford, or Stretford or not, that's at the judge's discretion.
During the proceedings of a possession order in the county court, the landlord in Hereford can plea enforcement to bed moved to the High Court.
If the Hereford landlord wishes to transfer the proceedings to the High Court after the possession order has been made, then they will be required to fill out an application to the county court to do so.
You cannot make an application when there is an outstanding appeal from the tenant in Hereford, like an application to close the possession order.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Stretford, Hereford, or Eastwood.
The control writ offers the power to grab and auction a debtor/renter's possessions in Hereford and is usually to as either fiery facias or fi fa writ.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in Herefordshire is the one mandated with the enforcement of CCA regulated agreement.
The reasons that may lead to a landlord in Hereford asking for a transfer of the order to the High Court for enforcement include that:
Enforcement in Hereford 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 Herefordshire
Prevention of further damage to the Hereford property and/or anti-social behaviour
The High court officer can seize goods in Hereford while enforcing the possession to recover money owed
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
The tenant can oppose the application to move enforcement in Hereford 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 Herefordshire.
Some reasons the tenant may give include:
The landlord in Hereford may have no proof that using the county court bailiff would delay the case
The costs incurred are out of balance
The tenants need extra time to get an alternative housing arrangement in Eastwood, Hereford, or Stretford
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 Hereford will consider.
It is a must for the landlord to get permission from the high court if he/she wants to transfer the application granted by the County court in Herefordshire, apart from when:
Permission is also not needed for the issue of a writ of possession, including a suspended possession order or lack of payment following the breach of a possession order in Hereford.
When permission is sought from the High Court, it is liable for the landlord in Stretford, Hereford, or Eastwood to give notice of the application every person involved in actual possession of the property - except in the debt recovery or cases against the intruders.
The landlord must also give sufficient notice to the Hereford tenants to ensure they are aware of the transfer of the possession order to the High Court.
The notice can be given in any form as there is no specific requirement for it in Herefordshire.
Dependent on the facts of the case, is what is sufficient notice.
If it is a sole tenant in Hereford who already knows that the case was in the high court, the Landlord can send them a reminder showing the terms of the court order and appeal that the tenant gives up possession of the rental property, is sufficient notice.
In case the renter fails to give sufficient notice or fails to provide the entire information to court concerning petitions against possession proceedings or pending claims, the order of possession may be put aside although having been implemented in Hereford.
There were several HCEOs in Herefordshire 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.
On 21 March 2016, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
It is a known fact that the process is speedier in Hereford with the HCEOs of the High court than the bailiffs of County court.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Hereford, Eastwood, or Stretford.
There is no provision for a HCEO to inform tenants in Hereford in advance of their visit when they will execute the possession document, although it is common practice for them to drop the letter and return one or two days later.
The HCEO must give the tenant a seven days' notice if they are seeking to seize money or goods, and recover possession of the property in Hereford.
The High Court in Herefordshire can set aside or stay a writ of control or a writ of possession application.
You should fill form N244 when making applications to the high court.
If the High Court later set aside the application for writ of possession, the Hereford tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
To set aside the possession order that was original, all the applications must be made to the county court in Herefordshire.
HCEOs in Hereford are commercially paid agencies given authority by the High Court and are not actual employees of the 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.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Hereford, unless it is ordered by the court.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Hereford with effect from 6 April 2014.
The regulations include the requirements not to be met by the HCEO:
Go inside the Herefordshire residential premises earlier than 6 am or past 9 pm unless the court orders that
Enter a premise in Hereford if the only person inside is someone under the age of 16
Seize essential household items, such as washing machine and cooker
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