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The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in Leicestershire has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
The HCEO is also known by other names in Leicestershire, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
The high court has the authority to impose the order of possession in Loughborough, Coalville, or Hinckley if:
The hearing of possession occurred within the High Court in Leicestershire, this is bizarre, because if a landlord in Leicestershire does apply for a possession notice in the High Court, it would usually get transferred to the county court, and it would only stay there if there are unusual situations involved within the order.
The landlord in Leicestershire wants to have the possession order transferred to the High Court for enforcement.
The regional court has the jurisdiction to determine whether or not to move enforcement in Hinckley, Loughborough, or Coalville to high court.
The Leicestershire landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
Following the approval of the possession order, the landlord in Leicestershire is required to apply to the county court for a transfer of enforcement of the possession order to the High Court.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Leicestershire, for instance, if tenant has appealed against possession order.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Loughborough, Coalville, or Hinckley, and if courts cost in addition to rents owed is more than £600.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Leicestershire and this is commonly referred to as fi fa or Fieri facias writ.
Agreements regulated by the CCA cannot be enforced outside the Leicestershire county court, so if the debt is guided by the 1994 CCA (Consumer Credit Act), it is impossible to transfer enforcement to the High Court.
There are several reasons as to why the Leicestershire landlord may request for transfer of order for enforcement in the high court and they are:
The implementation in Leicestershire is usually quicker when handled by HCEOs as compared to county court sheriffs
Rental income losses caused by delays in enforcement through the bailiffs of the county court in Leicestershire
Prevention of more damage to the property and/or behaviour that is not social in Leicestershire
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Leicestershire if the money is owed
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
The opposition from the tenant's side can be seen against the transference application because in high court, the eviction process in Leicestershire can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in Leicestershire.
The reasons for opposing the application may differ as:
The Leicestershire property owner has not provided proof that there will be some delays when county court bailiffs are used
The prices are excessive and/or disproportionate
The tenants need extra time to get an alternative housing arrangement in Coalville, Loughborough, or Hinckley
The court in Leicestershire can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
In case the landlord's application to transfer is accepted, by the Leicestershire county court, then the landlord needs to get high Court's consent before the assurance of the writ of possession unless if:
In addition, permission is not required for serving the writ of possession due to a breach of a possession order and this includes suspended orders where the breach contains lack of paying money in Leicestershire.
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 Coalville, Hinckley, or Loughborough is to give notice of the application to 'every person in actual possession' of the property.
The High Court shall not give permission until every tenant in Leicestershire is provided notice as is deemed appropriate by the Court.
There is no requirement to provide notice in any particular form in Leicestershire.
Details of the suit will decide if the order is sufficient.
In the case of a sole tenant in Leicestershire who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession might be enough 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 Leicestershire.
Some HCEOs in Leicestershire tried to go around the procedure that is correct by submitting an application to the High Court directly to be in charge of the matter under section 41 of the County Court Act 1984, or by using Form N293A inappropriately (i.e. against tenants instead of trespassers).
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
Frequently, HCEO's enforcement of order of possession in Leicestershire 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 Loughborough, Hinckley, or Coalville.
There is no law asking the HCEO to inform the tenants in Leicestershire 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 HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Leicestershire, they are bound to give a seven day notice to tenant.
The Leicestershire High Court reserves the right to stay or set aside a writ of control or a writ of possession.
Form N244 should be used to make an application to the High Court.
If stay or set aside is given, then it's important for the tenant in Leicestershire to inform the HCEO themselves of these details because the High Court may not have provided them with the information.
Additional applications such as an annulment of the original order of possession must be submitted to the Leicestershire county court.
High Court enforcement officers (HCEOs) in Leicestershire are commercial agencies which are not employees of High court however they are authorized by the high court.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
A code of practice is subscribed by HCEOs.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Leicestershire, unless courts decides otherwise.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Leicestershire, when confiscating commodities.
Under these regulations, HCEO has no right to:
Enter residential property in Leicestershire after 9 pm or before 6 am unless stated by the court
Enter the premises in Leicestershire if the only person inside is a kid aged below 16 years
Seizing essential domestic equipment such as washing machine, fridge, or cooker
Based in Leicestershire, working nationwide
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