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The landlord in Manchester can get enforcement by high court enforcement officer by simply applying to the county court to transfer its possession order from county court to High Court which is also an alternative to possession order implementation by the issuance of the warrant of possession from the County Court.
In Manchester, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
The High Court can enforce the possession order in Atherton, Manchester, or Sale on different conditions, such as:
High Court in Greater Manchester has scheduled a hearing for possession order, but it is generally not observed as a landlord in Manchester's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
The landlord in Manchester wants to have the possession order transferred to the High Court for enforcement.
Only the county court judge has the choice of transferring to the High Court for enforcement in Sale, Atherton, or Manchester or not.
The landlord in Manchester can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
The Manchester landlord may seek to withdraw and transfer the enforcement even after obtaining the possession order at the county court, he would need to go back to the county court and apply to the High Court for enforcement.
If there is an appeal against the ruling or any pending applications from the Manchester tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
If there exists any unsettled rent and the total amount of arrears alongside court expenses are more than £600, the land owner may decide to apply for the control writ to get back the unpaid cash in Sale, Manchester, or Atherton.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Manchester and the writ is also known as a writ of Fieri facias or writ of fi fa.
If the debt is controlled by the (CCA) 1974 Consumer Credit Act, it cannot be transferred for enforcement to the High Court, as CCA regulated agreement can be enforced in the county court in Greater Manchester.
The reasons why a property owner in Manchester might seek to transfer the order to the High Court for enforcement include that:
The enforcement process is quicker in Manchester through the HCEO than the county court bailiffs
Loss of rental income because of delay in enforcement through the Greater Manchester county court bailiffs
It prevents further anti-social behaviour or destruction of property in Manchester
HCEOs have authority of execution of the possession order and also of seizing the goods in Manchester in case of money owned
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
The costs of using an HCEO for eviction in Manchester are higher than the Greater Manchester county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement to the High Court.
The tenant may cite the following reasons:
Insufficient evidence by the landlord in Manchester that the Count Court bailiffs will slow down the process
The payment involved in the process varies
They need extra time to find a place before eviction in Manchester, Atherton, or Sale
The Manchester 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.
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 Greater Manchester county court, except in:
Also, permission is not required for issuing a possession writ following a possession order infringement, including a possession order that is suspended, where the infringement involves non-payment of money in Manchester.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Manchester, Sale, or Atherton must give notice application to 'every person in actual possession' of the property.
The High Court won't grant the permission without proof that every tenant in Manchester is notified of the notice.
The notice can be given in any form in Greater Manchester since there are no specific requirements.
The facts of the case will determine whether the notice is enough.
If the property has one sole tenant in Manchester who is aware of the case being in the High Court, a possession request and reminder of the court order's terms are 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 Manchester.
Some HCEOs in Greater Manchester try to take over the matter under section 41 of the County Court Act 1984 by applying directly to the High Court or by inappropriately using Form N293A (i.e., against tenants instead of trespassers) to circumvent the correct procedure.
On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.
HCEOs ensure faster enforcement of a possession order in Manchester than bailiffs in a County Court.
Execution of a letter of possession by a HCEO may occur 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 question of the letter of possession is given in Sale, Manchester, or Atherton.
There is no need to give notice to the tenants in Manchester about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
HCEO must give notice of seven days when seeking possession of the property in Manchester and to seize the goods or cost to recover the overdue rent.
The High Court in Greater Manchester has the mandate to set aside or delay a possession writ, or control writ.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
In case the stay or set aside is obtained, it's important where applicable, that the Manchester tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a Greater Manchester county court.
HCEOs in Manchester are not employed by the courts they are licensed commercial agencies.
The Register of High Court Compliance Officers comprises the lists of England and Wales enforcement officers approved to conduct writs from the High Court.
All enforcement officers in high court should adhere to the code of service.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Manchester, unless courts decides otherwise.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in Manchester came out.
The regulations include the requirements not to be met by the HCEO:
Entering the residential property in Greater Manchester before 6 am or after 9 pm, unless with the court's authority
Enter the premises in Manchester if the only person inside is a kid aged below 16 years
Carry important household goods such as a microwave, refrigerator or laundry
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