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Having the county court issue a warrant of possession is an alternative to enforcing a possession order and the landlord in North Yorkshire needs to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in North Yorkshire.
High Court can enforce the possession order in Scarborough, Eston and South Bank, or Harrogate if:
When the hearing of possession was in high court in North Yorkshire, as this is not common because if a landlord in North Yorkshire makes an application for an order of possession in high court, it will be moved to county court unless there are special circumstances like complicated disputes.
The landlord in North Yorkshire makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
The County Court judge can decide to allow the transfer of enforcement in Eston and South Bank, Harrogate, or Scarborough or not, that's at the judge's discretion.
During the county court possession proceedings, the landlord in North Yorkshire may request that the possession order, if made, be transferred for enforcement to the High Court.
The North Yorkshire landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
A land owner cannot apply for a transfer if the tenant in North Yorkshire has a pending application, for instance, an appeal against the notice of possession.
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 Eston and South Bank, Scarborough, or Harrogate.
The writ of control gives the authority in North Yorkshire to seize and sell tenant/debtor's goods and it is commonly known as a writ of fi fa or writ of Fieri facias.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in North Yorkshire can only be enforced by the County Court.
The reasons why a landlord in North Yorkshire may request that the order be transferred for enforcement to the High Court include:
Enforcement in North Yorkshire by HCEO is usually faster than the county court bailiff enforcement
Loss of rental income because delays in enforcement through the county court bailiffs in North Yorkshire
Avoiding any further damage to the assets or antisocial behaviour in North Yorkshire
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in North Yorkshire if the money is owed
Interest, currently at the rate of 8 percent, will accrue on the judgment debt for arrears from the moment the order is transferred.
A tenant may object the transfer of application of enforcement in North Yorkshire to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in North Yorkshire.
The tenant's reasons could include that:
Insufficient evidence by the landlord in North Yorkshire that the Count Court bailiffs will slow down the process
The expenses in total are not proportionately divided
Tennant needs some more time to find another place to live in Scarborough, Harrogate, or Eston and South Bank
Often, the North Yorkshire 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.
It is a must for the landlord to get permission from the high court if he/she wants to transfer the application granted by the County court in North Yorkshire, apart from when:
Permission is also not needed for the issue of a writ of possession, including a suspended possession order or lack of payment following the breach of a possession order in North Yorkshire.
The landlord in Eston and South Bank, Scarborough, or Harrogate 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 landlord must also give sufficient notice to the North Yorkshire tenants to ensure they are aware of the transfer of the possession order to the High Court.
The notice can be given in any form as there is no specific requirement for it in North Yorkshire.
So, enough notice depends on each individual case facts.
If the property has one sole tenant in North Yorkshire 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.
Failing to provide good enough notice or failing to give the full details to the Court about current appeals or applications not in favour of the process, can waver the writ of possession process, even if it's been executed in North Yorkshire.
Some HCEOs in North Yorkshire had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
Basically, an order of ownership in North Yorkshire is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
The HCEO can execute the writ of possession right after a few days of expiry of the notice of the landlord's application for permission to the High court, or when the writ of possession is issued in Harrogate, Eston and South Bank, or Scarborough.
An HCEO is not compelled to inform tenants in North Yorkshire before making a trip in order to implement the possession writ as no such provision is provided, but, in some cases, you may find some HCEOs sending the summons a day or 2 before a visit to the property.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in North Yorkshire and seizing goods and payment in form of court costs and owed rent.
The high court in North Yorkshire has the authority to either set aside or to stay the writ of possession or writ of control.
The N244 form should be used to make applications to the High Court.
If the High Court later set aside the application for writ of possession, the North Yorkshire tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
Otherwise, other applications, including setting aside the original possession order must be made to the North Yorkshire county court.
HCEOs in North Yorkshire are High Court-approved private companies and not court workers.
Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.
A code of practice is subscribed by HCEOs.
Except stated otherwise by the court, a writ of possession cannot be enforced on Christmas Day, Good Friday, or on a Sunday in North Yorkshire.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in North Yorkshire.
These restrictions mean that HCEOs cannot:
Entering the residential premises in North Yorkshire after 9pm or before 6am, except ordered by the court
Enter the premises in North Yorkshire if the only person inside is a kid aged below 16 years
Seize essential household items, such as washing machine and cooker
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