113 Sycamore Field
0800 246 1381
The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in Islington has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Islington.
On order of possession can be imposed in Barnsbury, Angel, or Canonbury via the high court into two ways:
The possession hearing was in the High Court in Greater London as this is unusual since if a property owner in Islington 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 landlord in Islington makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Barnsbury, Angel, or Canonbury to the High Court.
If the possession order is approved during the possession hearing at the county court, the Islington landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.
Upon securing a possession warrant, the owner in Islington will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
An application for transfer cannot be made if there are any outstanding applications from the Islington tenant, For instance, if the tenant has made an appeal against the possession order.
The landlord can also apply for a writ of control if they need to recover the rent arrears and court costs of more than £600 in Angel, Canonbury, or Barnsbury.
Tenants' goods can be seized and sold in Islington under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
If the Consumer Credit Act 1974 (CCA) regulated the debt, it could not be transferred to the High Court, as CCA regulated agreements can only be enforced in the county court in Greater London.
The Islington landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
Enforcement in Islington by HCEO is usually faster than the county court bailiff enforcement
Loss of rental income because delays in enforcement through the county court bailiffs in Greater London
Stopping any property damage or behaviour that is anti-social in Islington
If there are rent arrears, HCEOs are empowered to confiscate goods in Islington as well as enforce the possession order
The interest on judgement debt for arrears, which is currently at the rate of 8%, will accumulate right from the transfer of the order.
As the eviction speed increases in Islington and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Greater London, a tenant may want to object an application for transfer to the High Court of the enforcement.
The tenant may cite the following reasons:
The landlord in Islington hasn't provided proper evidence that a delay will result from using county court bailiffs
Court costs are expensive
He/she needs the excess time to find somewhere else to stay in Canonbury, Barnsbury, or Angel before being evicted
The court in Islington can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
If the landlord's request to transfer the possession order to the High Court is granted by the Greater London county court, the landlord would then have to obtain the permission of the High Court ahead of the issuance of the writ of eviction, except in:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in Islington.
When permission is sought in the High Court to enforce a possession order (i.e. except in actions against trespassers and cases of mortgage repossession), the property owner in Canonbury, Barnsbury, or Angel is to give notice of the application to 'every person in actual possession' of the property.
High court may not consent until each leaseholder in Islington has been served with the order and it is satisfied.
When serving the notice, there are no set out requirements of the form in Greater London.
The time period of the notice will be determined on the cases facts.
If the case revolves around a single tenant in Islington 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.
Failing to provide sufficient notice, or to provide full information to the Court about pending applications or court appeals against the possession proceedings, can cause writ possession to be set aside, ever after its execution in Islington.
Some HCEOs in Greater London had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
On 21 March 2016, the court issued a practice note through the Senior Master of the High Court (Queens Bench Division) to stop these malpractices and illegal use of their powers.
Frequently, HCEO's enforcement of order of possession in Islington is frequently faster than the county court agents.
HCEOs require few days to enforce warrant of possession if the application notice of permission expires or after issuance of warrant of possession in Angel, Canonbury, or Barnsbury.
Even though it is a frequent practice for a HCEO to deliver the writ and return a day or two later, there is no need for them to let the tenants in Islington know in advance of their visit regarding when they will be carrying out the writ of possession.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Islington, it is imperative that a 7-day notice is given to the tenants in question.
The High Court in Greater London has the right to keep or set aside a letter of possession or control.
Applications can be made by filling out the N244 form while giving application to high court.
If granted is the set aside or stay, it is important where possible, the tenant in Islington informs the HCEO, from the HCEO the High Court may not have kept the truth.
Other applications aside from this, such as setting aside the original possession order must be directed to the Greater London County Court.
HCEOs in Islington are not employed by the courts they are licensed commercial agencies.
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.
HCEOs pledges to a code of practice.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Islington unless the court orders otherwise.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Islington with effect from 6 April 2014.
The HCEOs are restricted from:
Go inside the residential property in Greater London before 6 am or after 9 pm, except the court approved it
Enter if the only person present in the house in Islington is a child under the age of 16
Take essential household goods like washing machine, fridge or cooker
Based in Islington, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.