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Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in Lowestoft can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
The HCEOs in Lowestoft are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
A possession order can be applied in Bungay, Beccles, or Lowestoft through the High Court when:
The possession hearing was in the High Court in Suffolk which is rare because if a landlord in Lowestoft applies in the high court for a possession warrant, it will be moved to the county court unless there are exceptional circumstances such as complex factual conflicts or important legal issues.
When the Lowestoft property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
The transfer of enforcement in Beccles, Lowestoft, or Bungay to the high court is determined by the judge of the county court.
During the County Court possession proceedings, the landlord in Lowestoft can request for the transfer of the possession order to the High Court for enforcement.
After the possession order is acquired the landlord in Lowestoft will need to apply to the county court and request that the order to be moved to the high court for implementation.
You cannot make an application when there is an outstanding appeal from the tenant in Lowestoft, like an application to close the possession order.
The landlord could ask for a writ of control to recover the money owed in arrears by the tenant if together with court costs it is more than £600 in Lowestoft, Beccles, or Bungay.
The writ of control is empowering the landlord to seize and sale the tenant's goods to recover his money in Lowestoft, and it is called the writ of Fieri facias or writ of fi fa.
Agreements regulated by the CCA cannot be enforced outside the Suffolk 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.
The Lowestoft landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
High Court Enforcement Officers can carry out the eviction in Lowestoft quicker than bailiffs of the county court
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in Suffolk
Prevention of further damage to the Lowestoft property and/or anti-social behaviour
The HCEO has the power to implement the order of possession and seize belongings in Lowestoft 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 tenant can oppose the application to move enforcement in Lowestoft to the high court because the eviction is much faster and the costs of hiring a HCEO are higher than that of a county court bailiff in Suffolk.
The reasons why a tenant can do so are:
The landlord has not given any proof that a delay will be caused if a county court bailiff is used in Lowestoft
The payment involved in the process varies
They would require more time to find another place to live in Lowestoft, Beccles, or Bungay before eviction
The common factors of tenants that are classed as exceptional situations that court in Lowestoft might consider are overdue rent, children or any relevant factors.
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:
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 Lowestoft.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Lowestoft, Bungay, or Beccles when they have applied for the permission to enforce a possession order in the High court.
If each tenant in Lowestoft isn't given the notice, the High Court shouldn't grant permission.
Notice can be given in any way in Suffolk as there are no rules for this.
The facts of the case will determine whether the notice is enough.
When dealing with just one tenant in Lowestoft 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.
Failure to provide enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Lowestoft.
It is also possible that HCEOs in Suffolk take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
Basically, an order of ownership in Lowestoft is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
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 Lowestoft, Beccles, or Bungay.
The HCEO is not expected to notify the tenants earlier of their visit in Lowestoft about when they will be administering the writ of possession, although is normal for them to drop off the writ and return after 1 or two days.
On the other hand, a HCEO must provide the tenant/creditor with a seven days' notice in case they are looking for goods and money, like rent debts and expenses and regain the possession of the residence in Lowestoft.
The Suffolk High court can stay or set aside a writ of control or writ of possession.
Applications should be submitted on Form N244 to the High Court.
If the court grants either the stay or set aside the application, the tenant in Lowestoft should inform the HCEO who may not have the updated information.
Otherwise, other applications, including setting aside the original possession order must be made to the Suffolk county court.
High Court Enforcement Officers in Lowestoft are not employees of the court, but they are commercial agencies authorized by the high court.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
HCEOs are guided by a code of practice.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Lowestoft - only if ordered by the court.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in Lowestoft.
Under these regulations, the HCEO is restricted from:
Gain access to a Suffolk residential property before 6am or past 9pm, unless authorised by the court
Enter if the sole individual present in the Lowestoft property is a child aged under 16
Take the fridge, cooker, washing machine, or some other essential household items
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