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Another method for implementation of order of possession is requesting possession warrant from the county court and then the landlord in Hove will be able to apply for the order to move in high court where it can be implemented by enforcement officer of the high court (HCEO).
HCEOs are also called law enforcement officers, sheriffs or certified bailiffs in Hove.
The High Court can enforce the possession order in Small Dole, Portslade-By-Sea, or Henfield under the following conditions:
The possession hearing was in the high court in East Sussex as this is rare because the possession order is typically moved to the county court when a landlord in Hove seeks it, but it can take place in the High Court under exceptional circumstances such as factual disagreements or disagreements on law.
An application is submitted by the Hove landlord to the county court requesting for the transfer of a possession order to the High Court so that it can be enforced by an HCEO.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Small Dole, Henfield, or Portslade-By-Sea to the high court or not.
At the hearings of possession in the regional court, the owner of property in Hove may request for the order of possession be transferred to high court to be implemented starting from there.
After the possession order is acquired the landlord in Hove will need to apply to the county court and request that the order to be moved to the high court for implementation.
A request for transfer may not be possible if there exists an outstanding request from a tenant in Hove; e.g., petition against the possession order.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Portslade-By-Sea, Henfield, or Small Dole and court fees that costs over £600.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Hove.
If the debt is controlled by the (CCA) 1974 Consumer Credit Act, it cannot be transferred for enforcement to the High Court, as CCA regulated agreement can be enforced in the county court in East Sussex.
The reasons that may lead to a landlord in Hove asking for a transfer of the order to the High Court for enforcement include that:
The enforcements in Hove get quicker through HCEOs as compared with the bailiffs of County Court
The slow process of execution by bailiffs of county courts in East Sussex results in losses for landlords due to unpaid rent
To avoid continued destruction of the property in Hove as well as antisocial behaviour
If there are rent arrears, HCEOs are empowered to confiscate goods in Hove as well as enforce the possession order
Interest, currently at the rate of 8 percent, will accrue on the judgment debt for arrears from the moment the order is transferred.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Hove is higher than the East Sussex county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
Tenants may have the following reasons to object:
The landlord in Hove hasn't provided proper evidence that a delay will result from using county court bailiffs
The costs involved are too high
The tenant needs extra time to find somewhere else to live in Portslade-By-Sea, Henfield, or Small Dole
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Hove will take into account.
If the East Sussex county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except in:
If the possession order is breached, the writ of possession can be issued without permission, and the breach may include the suspension of a possession order, especially when rent arrears are a part of the breach in Hove.
The landlord in Small Dole, Henfield, or Portslade-By-Sea needs to give notice of this application to everyone in possession of the premises when he/she is looking to get the order transferred to the High Court.
The High Court will not award approval except each tenant in Hove has such notice as the Court feels is enough.
You can simply deliver the notice in any way you want in East Sussex.
However, it should be according to the facts of the case.
When dealing with just one tenant in Hove 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.
Failing to provide good enough notice or failing to give the full details to the Court about current appeals or applications not in favour of the process, can waver the writ of possession process, even if it's been executed in Hove.
The note came on the heels of the individualized activities of HCEOs in East Sussex, such as the inappropriate use of Form N293A against tenants and not trespassers, and the direct application to the High Court to take over the case on the premise of Section 41 of the County Court Act 1984.
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
It is a known fact that the process is speedier in Hove with the HCEOs of the High court than the bailiffs of County court.
The HCEO can execute the writ of possession right after a few days of expiry of the notice of the landlord's application for permission to the High court, or when the writ of possession is issued in Portslade-By-Sea, Small Dole, or Henfield.
There is no law asking the HCEO to inform the tenants in Hove in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.
In cases where a HCEO is claiming to seize money and goods due to costs and rent arrears and recovering possession of the premises in Hove, they will have to provide the tenant a 7 days' notice.
Any writ of possession orders can be set aside or kept with the High Court in East Sussex.
The applicants can use the Form N244 to submit an application in the High Court.
If the court grants the application, the tenant in Hove must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
Additional applications such as an annulment of the original order of possession must be submitted to the East Sussex county court.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Hove backed by the High Court.
Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.
Every high court enforcement officer must stick to the code of practices.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Hove, unless it is ordered by the court.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Hove when seizing tenant goods.
The HCEOs are restricted from:
Go inside a premise of residence in East Sussex before 06:00 or after 21:00, unless the court has ordered it
Enter if the sole individual present in the Hove property is a child aged under 16
Carry important household goods such as a microwave, refrigerator or laundry
Based in Hove, working nationwide
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