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A landlord in Ipswich can apply to transfer a possession order to the High Court Enforcement Office (HCEO) as an alternative to enforcing the process with a request from a county court to give a warrant possession notice.
HCEO's are commonly referred to as agents of enforcement, or Sheriffs in Ipswich.
High court may impose a possession order in Bury St Edmunds, Ipswich, or Thetford in 2 ways:
The possession hearing was in the high court in Suffolk as this is rare because the possession order is typically moved to the county court when a landlord in Ipswich seeks it, but it can take place in the High Court under exceptional circumstances such as factual disagreements or disagreements on law.
If the owner of the property in Ipswich appeals the transfer of possession order from county to high court for HCEO implementation.
The county court judge has the authority to decide whether the enforcement in Ipswich, Thetford, or Bury St Edmunds should be transferred to High Court or not.
The landlord in Ipswich can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
Upon securing a possession warrant, the owner in Ipswich will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
The landlord can't make the application if there are outstanding issues such as if the tenant in Ipswich has appealed against the order.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Ipswich, Bury St Edmunds, or Thetford and court fees that costs over £600.
A writ of control allows the landlord in Ipswich to seize and sell the tenants goods which is also known as a writ of Fieri facias or writ of fi fa.
If the debt is processed by the Consumer Credit Act 1974 (CCA), then it will not be permitted to get transferred to the High Court as CCA agreements that are regulated can only be enforced in the Suffolk county court.
A Ipswich landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
Implementation in Ipswich by HCEOs is usually faster than by county court bailiffs
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in Suffolk
Prevention of further damage to the property in Ipswich or antisocial behaviour
HCEOs have authority of execution of the possession order and also of seizing the goods in Ipswich in case of money owned
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Ipswich is higher than the Suffolk county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
The tenant's reasons could include that:
The Ipswich property owner has not provided proof that there will be some delays when county court bailiffs are used
The costs involved are too high
She or he wishes for additional time to find another area to settle down in Bury St Edmunds, Ipswich, or Thetford prior to moving out
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 Ipswich will consider.
If the application of the landlord to switch is given the green light by the Suffolk 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:
Permission is also not a requirement for the possession writ issuance following the possession order breach, including a possession order that is suspended, where the breach include unpaid bills in Ipswich.
When the landlord in Ipswich, Bury St Edmunds, or Thetford ask for leave to enforce a possession order in the High Court (except in actions against trespassers and cases of mortgage repossession), the landlord must give notice of this application to 'all persons in actual possession' of the property.
The landlord will not be granted permission from the High Court unless notice is served to each Ipswich tenant considered enough by the court.
The notice can be given in any form as there is no specific requirement for it in Suffolk.
Dependent on the facts of the case, is what is sufficient notice.
If the case revolves around a single tenant in Ipswich 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 give adequate notice or failure to provide the Court with full information on pending appeals or applications against the proceedings of possession may result in the writ of possession being set aside even after it has been executed in Ipswich.
A couple of HCEOs in Suffolk 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.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
Frequently, HCEO's enforcement of order of possession in Ipswich is frequently faster than the county court agents.
The execution of a letter of possession by a HCEO may take place only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the issue of the letter of possession in Ipswich, Bury St Edmunds, or Thetford.
There is no law asking the HCEO to inform the tenants in Ipswich 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.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Ipswich, it is imperative that a 7-day notice is given to the tenants in question.
Any writ of possession orders can be set aside or kept with the High Court in Suffolk.
Applications should be made on form N244.
If the court grants either the stay or set aside the application, the tenant in Ipswich should inform the HCEO who may not have the updated information.
Any other application must be made through the Suffolk county court, for example, setting aside the possession order that was original.
High Court Enforcement Officers in Ipswich are not employees of the court, but they are commercial agencies authorized by the high court.
Therefore, you need to go through the Directory of High Court Enforcement Officers to see those that are commissioned to carry out the task in your jurisdiction.
HCEOs are required to follow practice code.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Ipswich unless they are recommended by the court to do so.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Ipswich, when confiscating commodities.
The regulations have requirements that a HCEO must not:
Without the court orders, entering a residential property in Suffolk later than 9pm or prior to 6am
Enter if the sole individual present in the Ipswich property is a child aged under 16
Take important household items like a fridge, washing machine, or cooker
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