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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 Luton can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in Luton.
The High Court can enforce the possession order in Houghton Regis, Caddington, or Dunstable on different conditions, such as:
During Bedfordshire high court possession hearing as the practice is uncommon considering that in case a leaseholder in Luton applies for an ownership order in the court, it may be send to the regional court unless certain conditions such as complex disagreements are involved.
If the Luton landlord applies for the transfer of the possession order from the County Court to the High Court to enable the HCEO to enforce the order.
The county court judge has to decide whether to allow the transfer of enforcement in Caddington, Dunstable, or Houghton Regis to the High Court.
At the hearings of possession in the regional court, the owner of property in Luton may request for the order of possession be transferred to high court to be implemented starting from there.
If the Luton landlord wishes to transfer the proceedings to the High Court after the possession order has been made, then they will be required to fill out an application to the county court to do so.
If there is an appeal against the ruling or any pending applications from the Luton tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Dunstable, Caddington, or Houghton Regis.
The control writ offers the power to grab and auction a debtor/renter's possessions in Luton and is usually to as either fiery facias or fi fa writ.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in Bedfordshire is the one mandated with the enforcement of CCA regulated agreement.
A Luton landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
The enforcements in Luton get quicker through HCEOs as compared with the bailiffs of County Court
Loss in rental income by the Bedfordshire county court bailiffs due to delays in compliance
Avoid further property damage in Luton and any antisocial behaviour of the tenants
The HCEO can both seize goods and enforce the possession order in Luton when money is owed
An interest rate of 8% will be accrued for judgement debt arrears from the start 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 Luton can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in Bedfordshire.
The tenant's reasons could include that:
The landlord in Luton hasn't provided proper evidence that a delay will result from using county court bailiffs
Disproportionate costs
He/she needs the excess time to find somewhere else to stay in Houghton Regis, Dunstable, or Caddington before being evicted
The Luton court's decision to challenge the order transfer may be determined by a number of factors affecting the leaseholder including in the renter has a family or owes a considerable amount of rent arrears.
In case the order transference application made by the landlord is granted by the county court in Bedfordshire, he would also have to get permission from high court before serving warrant of possession except:
If the possession order is breached, the writ of possession can be issued without permission, and the breach may include the suspension of a possession order, especially when rent arrears are a part of the breach in Luton.
If the landlord in Houghton Regis, Caddington, or Dunstable is in a possession to apply for the go ahead to enforce an order of possession in the High Court, he must ensure that all the people in actual possession of the property in question are notified.
The High Court, therefore, cannot give permission until every person in Luton involved with the possession order has received the notice sufficiently.
You can simply deliver the notice in any way you want in Bedfordshire.
The facts of the case will determine whether the notice is enough.
In the event that only one tenant in Luton is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
If the landlord fails to provide enough notice or does not give all the details to the court about appeals against possession hearings or pending applications, the writ of possession can be set aside even after it has been executed in Luton.
The several incidents of HCEOs in Bedfordshire trying to divert from the specified process by giving a direct application and taking charge of matter with the wrong usage of section 41 or N293A which is in opposition to tenants rather than trespassers.
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
Frequently, HCEO's enforcement of order of possession in Luton is frequently faster than the county court agents.
An HCEO has the ability to implement a possession writ within some few days following expiry of the order application by the asset owner for consent or possession writ issuance in Dunstable, Caddington, or Houghton Regis.
The HCEO is not expected to notify the tenants earlier of their visit in Luton 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.
In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Luton, they must serve a 7-days notice to the leaseholder.
The Bedfordshire high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
You should fill form N244 when making applications to the high court.
If granted is the set aside or stay, it is important where possible, the tenant in Luton informs the HCEO, from the HCEO the High Court may not have kept the truth.
To set aside the possession order that was original, all the applications must be made to the county court in Bedfordshire.
HCEO's in Luton are not employed by court; however, they serve as business agencies mandated by high court.
You can research for the list of the Directory of High Court Enforcement Officers, for the enforcement officers in England and Wales who have the approval to implement High Court writs.
As a standard HCEOs subscribe to a code of practice.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Luton, unless courts decides otherwise.
The actions of all other bailiffs and the HCEOs when goods are seized in Luton are in effect from 6 April 2014.
The protocols include:
Go inside the Bedfordshire residential premises earlier than 6 am or past 9 pm unless the court orders that
Enter a premise in Luton if the only person inside is someone under the age of 16
Carry important household goods such as a microwave, refrigerator or laundry
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