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The landlord in Newcastle-under-Lyme 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.
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Newcastle-under-Lyme.
The High Court can enforce the possession order in Alsager, Newcastle-under-Lyme, or Kidsgrove on different conditions, such as:
If the possession hearing was conducted within high court in Staffordshire as this however, is very rare as the possession order application by the landlord in Newcastle-under-Lyme moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
The landlord in Newcastle-under-Lyme requests the county court to transfer the possession order to the High Court for execution by an HCEO.
It is at the discretion of the county court judge to approve the transfer of enforcement in Alsager, Newcastle-under-Lyme, or Kidsgrove to the High Court or not.
During the County Court possession proceedings, the landlord in Newcastle-under-Lyme can request for the transfer of the possession order to the High Court for enforcement.
After the possession order is acquired the landlord in Newcastle-under-Lyme will need to apply to the county court and request that the order to be moved to the high court for implementation.
Application for transfer can't be made in case there is any outstanding application from a tenant in Newcastle-under-Lyme, for example, an appeal against the order of possession.
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 Kidsgrove, Newcastle-under-Lyme, or Alsager.
The control writ offers the power to grab and auction a debtor/renter's possessions in Newcastle-under-Lyme and is usually to as either fiery facias or fi fa writ.
Any debt that is controlled by the Consumer Credit Act (CCA), cannot be moved to the high court for execution because CCA regulated contracts can only be executed in the county court in Staffordshire.
Landlords in Newcastle-under-Lyme may request that the order be transferred to the High Court due to reasons which include:
Enforcement in Newcastle-under-Lyme is normally faster through HCEOs than the bailiffs of the county court
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in Staffordshire
It avoids additional anti-social activities or property destructions in Newcastle-under-Lyme
The HCEO is authorised to execute the possession order and seize possessions in Newcastle-under-Lyme in case cash is owed
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
HCEOs offer faster eviction speed in Newcastle-under-Lyme and are more expensive than the bailiffs in County Court in Staffordshire, thus, a tenant may not be comfortable with the transfer arrangement and kick against it for a wide range of reasons.
The tenant may cite the following reasons:
The landlord in Newcastle-under-Lyme did not prove that there will be colossal delay by using the county court bailiffs
The costs involved are not proportionate
They would require more time to find another place to live in Newcastle-under-Lyme, Kidsgrove, or Alsager before eviction
The common factors of tenants that are classed as exceptional situations that court in Newcastle-under-Lyme might consider are overdue rent, children or any relevant factors.
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 Staffordshire 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 Newcastle-under-Lyme.
If permission is sought in the High Court to enforce a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Newcastle-under-Lyme, Kidsgrove, or Alsager must notify every person in real possession of the property of the application.
The High Court shall not give permission until every tenant in Newcastle-under-Lyme is provided notice as is deemed appropriate by the Court.
When serving the notice, there are no set out requirements of the form in Staffordshire.
What is acceptable depends on the particular case in question.
If it involves a sole tenant in Newcastle-under-Lyme who knew that the case had been moved to the high court, a reminder from the renter about the particulars of the order and a request to return possession is considered enough notice.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Newcastle-under-Lyme.
Many HCEOs in Staffordshire have tried to circumvent the correct procedure by explicitly appealing to the High Court to take over the matter according to section 41 of the County Court Act 1984, or improperly utilizing Form N293A (i.e. rather than trespassers, against tenants).
On 21 March 2016, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
Basically, an order of ownership in Newcastle-under-Lyme is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional 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 Kidsgrove, Newcastle-under-Lyme, or Alsager.
A HCEO does not have to give tenants any notice in advance before their visit in Newcastle-under-Lyme to execute the writ of possession because there is no requirement for that, however, some HCEOs usually send the writ one or two days before visiting the premises.
In cases where a HCEO is claiming to seize money and goods due to costs and rent arrears and recovering possession of the premises in Newcastle-under-Lyme, they will have to provide the tenant a 7 days' notice.
Writ of possession or writ of control can be set aside by the High Court in Staffordshire.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
So, it is the responsibility of the tenant in Newcastle-under-Lyme 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 Staffordshire County Court.
High Court enforcement officers (HCEOs) in Newcastle-under-Lyme are commercial agencies which are not employees of High court however they are authorized by the high court.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
HCEOs must conduct themselves to a code of practice.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Newcastle-under-Lyme unless they are recommended by the court to do so.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Newcastle-under-Lyme are governed by some regulations.
Under these regulations, HCEO has no right to:
Entering the residential premises in Staffordshire after 9pm or before 6am, except ordered by the court
Go inside the building in Newcastle-under-Lyme in case the person within is a child below the age of 16 years
Take important household items like a fridge, washing machine, or cooker
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