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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 Leeds 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).
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in Leeds.
The High Court can enforce the possession order in Newsam Green, Leeds, or Pudsey under the following conditions:
If the possession hearing was conducted within high court in West Yorkshire as this however, is very rare as the possession order application by the landlord in Leeds moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
The landlord in Leeds specifically applies to the county court to get the process transferred into the High Court.
The transfer of enforcement in Pudsey, Leeds, or Newsam Green to the high court is determined by the judge of the county court.
During the county court possession proceedings, the landlord in Leeds may request that the possession order, if made, be transferred for enforcement to the High Court.
The Leeds landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
Application for transfer can't be made in case there is any outstanding application from a tenant in Leeds, for example, an appeal against the order of possession.
Another scenario is recovering the debt if the overdue rent is over £600, the landlord applies for the writ of control to recover money in Pudsey, Leeds, or Newsam Green.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Leeds and the writ is also known as a writ of Fieri facias or writ of fi fa.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the West Yorkshire County Court can enforce agreements regulated by the CCA.
Landlords in Leeds may request that the order be transferred to the High Court due to reasons which include:
HCEOs enforcements in Leeds are faster than enforcement by bailiffs of the county court
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in West Yorkshire
Prevention of additional property damage and/or antisocial behaviour in Leeds
The HCEO has the power to implement the order of possession and seize belongings in Leeds if money is owned
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 West Yorkshire county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Leeds go to the High Court.
The reasons include but not limited to:
The Leeds landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The costs incurred are out of balance
Tennant needs some more time to find another place to live in Pudsey, Leeds, or Newsam Green
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Leeds will take into account.
The landlord must obtain permission from the High Court before the writ of possession is issued if the landlord's application to transfer possession order is granted by the West Yorkshire county court, except in:
Moreover, you don't need permission to issue a writ of possession if there is a breach of the possession order, including a violation of a suspended possession order by failing to pay money in Leeds as required.
The landlord in Newsam Green, Pudsey, or Leeds 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, therefore, cannot give permission until every person in Leeds involved with the possession order has received the notice sufficiently.
The notice can be given in any form as there is no specific requirement for it in West Yorkshire.
The satisfactory notice will vary according to the case facts.
In the case of a sole tenant in Leeds, the landlord can send a reminder of the terms of the court if the tenant is already notified about the case being transferred to the High court.
If the landlord does not give adequate notice or fail to offer information that is complete to the Court about any pending appeals or applications against the proceedings for possession, this could cause the possession writ, even after its execution in Leeds to be set aside.
Some HCEOs in West Yorkshire apply directly to the High Court to take over the matter in the struggle of circumventing the correct procedure. It can be carried out under section 41 of the County Court Act 1984.
So, in order to prevent such malpractices, High Court's Senior Master issued a practice note on 21 March 2016.
HCEOs usually enforce a possession order in Leeds faster than county court bailiffs.
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 Leeds, Pudsey, or Newsam Green.
In most cases, they do not inform the tenants of their visit in Leeds and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Leeds property as well as the seizure of goods and money such as pending rents or any other costs.
The West Yorkshire High Court can uphold or set aside a writ of possession, or writ of control.
Form N244 should be used to send the stay or set aside applications to the High Court.
If the tenant in Leeds is able to obtain the stay or set aside, he should notify the HCEO about the updated status as they may not be timely notified.
The West Yorkshire county court is to set aside the original order of possession to apply for any other application.
HCEOs in Leeds are not employed by the courts they are licensed commercial agencies.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
The code of conduct governs the activities of HCEOs.
They can't execute a writ of possession on some special days such as Good Friday, on a Sunday, or on Christmas day in Leeds without an expressed authorization by the court.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in Leeds came out.
They must not:
Go inside the residential property in West Yorkshire before 6 am or after 9 pm, except the court approved it
Go inside the Leeds house if the only person there is a child of 16 years of age and below
Taking essential household goods example washing machine, cooker or fridge
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