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Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in Newcastle can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
HCEO's are commonly referred to as agents of enforcement, or Sheriffs in Newcastle.
You can enforce possession order in Tynemouth, Washington, or Wallsend through the High Court when:
When the possession hearing takes place in the Tyne and Wear High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Newcastle applies for it in the High Court, however, the hearing can take place in the High Court in some exceptional situations like important points of law or complicated disputes of fact.
The landlord in Newcastle makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Wallsend, Washington, or Tynemouth to the high court or not.
The landlord in Newcastle can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
Upon securing a possession warrant, the owner in Newcastle will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
The landlord cannot apply for high court transfer in case of any outstanding application such as if the appeal against the possession order is filed by the tenant in Newcastle.
If the court costs and other arrears make up over £600, it is at the discretion of the landlord to apply for a writ of control in order to recover the outstanding money in Wallsend, Tynemouth, or Washington.
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 Newcastle.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only Tyne and Wear County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
A Newcastle landlord can apply for transfer of the possession order to a High Court for the following reasons:
Enforcement in Newcastle is normally faster through HCEOs than the bailiffs of the county court
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in Tyne and Wear
To prevent any further dismantlement to the premises in Newcastle or behaviour that is antisocial
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Newcastle if they owe money
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Newcastle than the bailiffs of Tyne and Wear County Court so, a tenant can oppose the application to transfer the possession order to the High court.
The reasons for the tenant may be:
No evidence from the landlord that there will be a significant delay using the county court bailiffs in Newcastle
The expenses in total are not proportionately divided
The tenant needs enough time to find alternative accommodation in Wallsend, Tynemouth, or Washington
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in Newcastle.
If the County Court in Tyne and Wear grants the landlord's transfer application, the writ of possession can't be issued until there is expressed permission by the High Court, and the exceptions to the rule are:
Moreover, you don't need permission to issue a writ of possession if there is a breach of the possession order, including a violation of a suspended possession order by failing to pay money in Newcastle as required.
If the landlord in Wallsend, Tynemouth, or Washington is in a possession to apply for the go ahead to enforce an order of possession in the High Court, he must ensure that all the people in actual possession of the property in question are notified.
The high court will not give permission unless every Newcastle tenant is provided with the notice and the court considers it enough.
There is no requirement to provide notice in any particular form in Tyne and Wear.
The facts of the case will help with determining the sufficient notice.
When dealing with just one tenant in Newcastle who is aware of the transfer to the High Court, the landlord may just send a reminder, reminding the tenant of the court order and he should also remind the tenant to give up the possession.
The writ of possession may be annulled even after it has been enforced in Newcastle, in cases where the landlord fails to provide enough notice, or when information about appeals against the possession hearings or pending application is withheld from the court.
A couple of HCEOs in Tyne and Wear have tried to avoid the legal process by going straight to the High Court to transfer the order under the section 41 of the 1984 County Court Act, or by inappropriately using the N293A form.
The Senior Master of the High Court (Queens Bench Division) releases a practice note on 21 March 2016 to block these loopholes and stop the unfair practices.
Like we said earlier, Enforcement of a possession order in Newcastle is quicker through HCEOs than the 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 Tynemouth, Wallsend, or Washington.
There is no provision for a HCEO to inform tenants in Newcastle in advance of their visit when they will execute the possession document, although it is common practice for them to drop the letter and return one or two days later.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in Newcastle and seizing goods and payment in form of court costs and owed rent.
High court in Tyne and Wear enjoys the powers to set aside or uphold possession or control writ.
The N244 form should be used to make applications to the High Court.
If the court grants either the stay or set aside the application, the tenant in Newcastle should inform the HCEO who may not have the updated information.
Other applications aside from this, such as setting aside the original possession order must be directed to the Tyne and Wear County Court.
HCEOs in Newcastle are commercial agencies commissioned by the High Court and not employees of the court.
The Register of High Court Compliance Officers comprises the lists of England and Wales enforcement officers approved to conduct writs from the High Court.
The HCEOs cannot carry out the evictions if they aren't subscribed to a code of practice.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Newcastle, unless the court has stated otherwise.
New regulations governing the actions of bailiffs in Newcastle were released and made effective from April 6, 2014.
According to these regulations the HCEO must not:
Enter residential property in Tyne and Wear before 6 am or after 9 pm unless the Court has authorised them
Enter the Newcastle property if the person present is the child aged under 16
Take vital household goods like a cooker, fridge or washing machine
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