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The landlord in Milton Keynes can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
The HCEO is also known by other names in Milton Keynes, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
Often, a possession order is enforced in Bletchley, Milton Keynes, or Newport Pagnell in a high court under two conditions:
The hearing was held at the High Court in Buckinghamshire, this is unusual because if a landlord in Milton Keynes applies in the High Court for a possession order, it will be transferred to the county court unless there are exceptional circumstances, such as complicated factual disputes or significant legal issues.
The landlord in Milton Keynes specifically applies to the county court to get the process transferred into the High Court.
The county court judge has to decide whether to allow the transfer of enforcement in Milton Keynes, Bletchley, or Newport Pagnell to the High Court.
During the County Court possession proceedings, the landlord in Milton Keynes can request for the transfer of the possession order to the High Court for enforcement.
If the Milton Keynes landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in Milton Keynes against a possession order.
If there is unpaid rent, and the arrears plus any court order costs a total of over £600, the property owner may also apply for writ of control to recover the unsettled bills in Newport Pagnell, Bletchley, or Milton Keynes.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Milton Keynes.
However, the debt cannot be transferred to the High Court if the debt or rent arrears are regulated by the Consumer Act 1974 (CCA), that is because agreements regulated by the CCA can only be enforced in the Buckinghamshire county court.
If a landlord in Milton Keynes is applying for possession order transfer to the High Court for enforcement, it may be because:
Enforcement in Milton Keynes through the County Court bailiffs is slower than through the HCEOs
Loss of rental income because delays in enforcement through the county court bailiffs in Buckinghamshire
Stopping any property damage or behaviour that is anti-social in Milton Keynes
The HCEO can enforce a possession order as well as seize the goods in Milton Keynes when money is due
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
Because the speed of eviction in Milton Keynes is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Buckinghamshire county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The reasons for opposing the application may differ as:
The landlord in Milton Keynes hasn't provided proper evidence that a delay will result from using county court bailiffs
The costs involved are not proportionate
S/he needs the extra time to find somewhere else to live in Bletchley, Newport Pagnell, or Milton Keynes before an eviction is endorsed
Often, the Milton Keynes court will take into consideration some circumstances surrounding the tenant's situation, such as if there are any children involved or whether the tenant has good rent arrears.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the Buckinghamshire county court, however, they won't need the permission in:
Also, if there has been a violation of a possession order, permission may not be obtained before a writ of possession is issued, as well as in a suspended possession order where the violation includes failing to pay debts in Milton Keynes.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Bletchley, Milton Keynes, or Newport Pagnell will have to give notice of that application to every party in actual possession of the premises.
High Court is not allowed to permit until every tenant in Milton Keynes is given the notice that is deemed sufficient enough.
There can be many forms of giving a notice as no particular requirement is mentioned in Buckinghamshire.
The facts of the case will determine sufficient notice.
In the case of a sole tenant in Milton Keynes, the landlord can send a reminder of the terms of the court if the tenant is already notified about the case being transferred to the High court.
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 Milton Keynes.
There were several HCEOs in Buckinghamshire 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.
The Senior Master of the High Court (Queens Bench Division) gave out a practice not on the 21st March 2016 to stop the carelessness.
The HCEOs can carry out enforcement of a possession order in Milton Keynes faster than the county court bailiffs.
The implementation of a writ of possession by an HCEO can take place in few days after the notice by the landlord to tenants expires or when the writ of possession is issued in Milton Keynes, Bletchley, or Newport Pagnell.
There is no requirement for a HCEO to notify tenants in Milton Keynes in advance of their visit when they will execute the possession letter, although it is common practice for them to drop the letter and return one or two days later.
HCEO must give notice of seven days when seeking possession of the property in Milton Keynes and to seize the goods or cost to recover the overdue rent.
Any writ of possession orders can be set aside or kept with the High Court in Buckinghamshire.
High Court Applications should be made on form N244.
If the tenant in Milton Keynes is able to obtain the stay or set aside, he should notify the HCEO about the updated status as they may not be timely notified.
The Buckinghamshire county court is to set aside the original order of possession to apply for any other application.
The High Court authorizes the HCEOs as commercial agencies in Milton Keynes, thus, they are not on the court's payroll.
In England and Wales, names of the enforcement officers authorised to execute High Court writs are contained in the Directory of High Court Enforcement Officers.
All high court enforcement officers must abide to a code of practice.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Milton Keynes until unless the court orders otherwise.
The regulations for governing HCEOs and bailiff's actions while seizing belongings in Milton Keynes are applicable from April 6, 2014.
Requirements state that the HCEO must not:
The time of entering the Buckinghamshire residential property is before 6 am or after 9 pm unless authorized otherwise by the court
Enter a Milton Keynes residential property if the only person present at the time is below the age of 16
Remove household goods deemed essential; cookers, fridges, washing machines
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