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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 Merton to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Merton.
High Court can enforce the possession order in Mitcham, Wimbledon, or Morden if:
The Greater London 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 Merton 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.
A landlord in Merton needs to apply in a County Court for the transfer of possession order to the High Court, so the enforcement is implemented by an HCEO.
County court determines if the enforcement in Morden, Wimbledon, or Mitcham can be transferred to high court.
During the proceedings of a possession order in the county court, the landlord in Merton can plea enforcement to bed moved to the High Court.
If the Merton 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.
You cannot make an application when there is an outstanding appeal from the tenant in Merton, like an application to close the possession order.
However, in order to recover the pending rents a writ of control can be filed by the landlord in Mitcham, Wimbledon, or Morden, and this can be done if court costs and rent arrears exceed £600.
The writ of control gives the authority in Merton to seize and sell tenant/debtor's goods and it is commonly known as a writ of fi fa or writ of Fieri facias.
If the debt is governed by the 1974 Consumer Credit Act (CCA), it cannot be referred for compliance to the High Court as CCA controlled transactions can only be imposed in the county court in Greater London.
Landlords in Merton may request that the order be transferred to the High Court due to reasons which include:
Enforcement in Merton is normally faster through HCEOs as compared to county court bailiffs
The slow process of execution by bailiffs of county courts in Greater London results in losses for landlords due to unpaid rent
It avoids additional anti-social activities or property destructions in Merton
The HCEO can both seize goods and enforce the possession order in Merton when money is owed
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
A tenant may object the transfer of application of enforcement in Merton to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in Greater London.
The tenant could have the following reasons:
The landlord did not provide proof that the use of county court bailiffs in Merton would be substantially affected
The costs involved are not proportionate
She or he wishes for additional time to find another area to settle down in Mitcham, Morden, or Wimbledon prior to moving out
Extenuating circumstances such as children or rent arrears may play a major role in the court in Merton when considered by the judge.
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 London county court, except in:
You will also not require permission for the writ of possession to be issued for a breach, including a breach of possession order that is suspended or when the possession order breach is bills that are unpaid in Merton.
The landlord in Wimbledon, Mitcham, or Morden needs to give notice of this application to everyone in possession of the premises when he/she is looking to get the order transferred to the High Court.
The High Court, therefore, cannot give permission until every person in Merton involved with the possession order has received the notice sufficiently.
In Greater London, it is not required to give the notice in a specific form.
The facts of the case will depend on what is enough notice.
If it is a sole tenant in Merton who already knows that the case was in the high court, the Landlord can send them a reminder showing the terms of the court order and appeal that the tenant gives up possession of the rental property, is sufficient notice.
Failure to provide sufficient notice means failure to provide enough information to the Court about pending applications or appeals against the proceedings, and this can lead to the writ of possession been set aside, even after its execution in Merton.
There were several HCEOs in Greater London who tried to bypass the stipulated process by making an application directly to the high court to take control of the issue under section 41 or by using form N293A incorrectly that is against tenants instead of trespassers.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
HCEOs usually enforce a possession order in Merton faster than county court bailiffs.
HCEOs require few days to enforce warrant of possession if the application notice of permission expires or after issuance of warrant of possession in Morden, Wimbledon, or Mitcham.
Even though it is a frequent practice for a HCEO to deliver the writ and return a day or two later, there is no need for them to let the tenants in Merton know in advance of their visit regarding when they will be carrying out the writ of possession.
The HCEO must give the tenant a seven days' notice if they are seeking to seize money or goods, and recover possession of the property in Merton.
The Greater London High Court reserves the right to stay or set aside a writ of control or a writ of possession.
Applications should be made on form N244.
If the court grants the application, the tenant in Merton must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Greater London.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Merton backed by the High Court.
Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.
High Court enforcement officers practice a code of conduct.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Merton, unless it is ordered by the court.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Merton when seizing tenant goods.
The laws require that an HCEO should not:
Enter a residential property in Greater London before 6:00 a.m. and after 9:00 p.m. without the court authorization
Entering in the Merton property when only a kid of less than 16 years of age is present inside
Seizing essential domestic equipment such as washing machine, fridge, or cooker
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