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The other choice for enforcing a possession order by asking the county court to issue a warrant of possession is for the property owner in Mansfield to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
In Mansfield, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
The possession order from the High Court can occur in Hucknall, West Bridgford, or Sutton In Ashfield through these means:
The Nottinghamshire High Court can also enforce the possession order when the possession order's hearing was in the High Court as this process is unusual because the Mansfield landlord ought to have applied to the county court except in some cases when there may be important facts of law or complicated disputes of fact, only then can the application of a possession order in a High Court can be accepted.
The possession order can be transferred to the High Court for enforcement when the Mansfield landlord applies for it in the county court.
Only the county court judge has the choice of transferring to the High Court for enforcement in West Bridgford, Hucknall, or Sutton In Ashfield or not.
During the county court possession proceedings, the landlord in Mansfield may request that the possession order, if made, be transferred for enforcement to the High Court.
Once the landlord in Mansfield obtains the possession order, he/she will be required to apply to the County Court for the transfer of it to the High Court for enforcement.
A request for transfer may not be possible if there exists an outstanding request from a tenant in Mansfield; e.g., petition against the possession order.
However, in order to recover the pending rents a writ of control can be filed by the landlord in West Bridgford, Hucknall, or Sutton In Ashfield, and this can be done if court costs and rent arrears exceed £600.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Mansfield, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
If the Consumer Credit Act 1974 (CCA) regulated the debt, it could not be transferred to the High Court, as CCA regulated agreements can only be enforced in the county court in Nottinghamshire.
There are several reasons as to why the Mansfield landlord may request for transfer of order for enforcement in the high court and they are:
Enforcement in Mansfield is normally faster through HCEOs as compared to county court bailiffs
Loss in rental income by the Nottinghamshire county court bailiffs due to delays in compliance
Prevent the expedition of property destruction in Mansfield or anti-social actions
The HCEO can both seize goods and enforce the possession order in Mansfield when money is owed
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
The renter may decide to challenge the request to transfer enforcement in Mansfield to high court considering that eviction is quicker and hiring an HCEO is costly compared to the Nottinghamshire county court bailiff.
The tenant could have the following reasons:
The landlord in Mansfield has not given any proof of delays in case of usage of bailiffs from county courts
Disproportionate costs
He/she is looking for some extra time to find a place to stay in Sutton In Ashfield, Hucknall, or West Bridgford before vacating
The tenant's specific issues, such as whether he/she has noticeable rent arrears or children, will most of the time be relevant factors the court in Mansfield will consider.
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 Nottinghamshire county court, except in:
Authorization for the issuance of a possession writ is also not needed in case there is a breach of possession comprising of suspension of order where there is or lack of payment of money in Mansfield.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Sutton In Ashfield, Hucknall, or West Bridgford when they have applied for the permission to enforce a possession order in the High court.
The High Court, therefore, cannot give permission until every person in Mansfield involved with the possession order has received the notice sufficiently.
There can be many forms of giving a notice as no particular requirement is mentioned in Nottinghamshire.
However, it should be according to the facts of the case.
If the property has one sole tenant in Mansfield 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.
If a landlord fails to give sufficient notice or failure in providing important facts to the court about the pending appeals or application against the proceedings can lead it to the delay in the possession writ, even after the implementation in Mansfield.
Some HCEOs in Nottinghamshire 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.
The Senior Master of the High Court (Queens Bench Division) gave out a practice not on the 21st March 2016 to stop the carelessness.
Enforcement of a possession order in Mansfield is faster through HCEOs than through the county court bailiffs.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Sutton In Ashfield, Hucknall, or West Bridgford.
There is no need to give notice to the tenants in Mansfield about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the Mansfield property, a seven-day notice must be given to the tenant/creditor.
The High Court in Nottinghamshire has the authority to stay or set aside a writ of possession.
The applicants can use the Form N244 to submit an application in the High Court.
So, it is the responsibility of the tenant in Mansfield to inform HCEO if the stay is set aside or issued as the High court may not inform them.
Other applications aside from this, such as setting aside the original possession order must be directed to the Nottinghamshire County Court.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Mansfield backed by the High Court.
The HCEO's directory consists of the names of enforcement officers in England and Wales, who are authorized by the High court for the execution of the writs.
High Court enforcement officers practice a code of conduct.
A possession writ shall not be executed on a Sunday, Good Friday or Christmas Day in Mansfield, unless otherwise ordered by the court.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Mansfield with effect from 6 April 2014.
According to these regulations HCEO is not allowed to:
HCEOs must not enter a Nottinghamshire residential property before 6am and after 9pm, except if the court authorized that
Go inside the building in Mansfield in case the person within is a child below the age of 16 years
Remove household goods deemed essential; cookers, fridges, washing machines
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