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If a landlord in Nottinghamshire doesn't want to issue a warrant for possession order, the landlord may apply for the transfer of the order to the High Court, then, the High Court Enforcement Officer (HCEO) will enforce the order.
The HCEOs in Nottinghamshire are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
High Court can enforce the possession order in Beeston and Stapleford, West Bridgeford, or Mansfield if:
The hearing was held at the High Court in Nottinghamshire, this is unusual because if a landlord in Nottinghamshire 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.
A landlord in Nottinghamshire 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.
It is at the county court's discretion whether to require enforcement in Mansfield, Beeston and Stapleford, or West Bridgeford to be referred to the High Court.
The landlord in Nottinghamshire can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
The landlord in Nottinghamshire must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
If there are any applications made by the Nottinghamshire tenant, such as a possession order appeal against, an application for move cannot go through.
The landlord could ask for a writ of control to recover the money owed in arrears by the tenant if together with court costs it is more than £600 in Mansfield, Beeston and Stapleford, or West Bridgeford.
With a writ of control, the tenant's goods can be seized and sold in Nottinghamshire, this is otherwise known as the writ of fi fa or writ of fiery facias.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Nottinghamshire executes them as they are CCA regulated agreements.
A Nottinghamshire landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
Implementation in Nottinghamshire by HCEOs is usually faster than by county court bailiffs
Delays in implementation by the Nottinghamshire county court bailiffs could cause the landlord to lose rental income
Prevention of further damage to the Nottinghamshire property and/or anti-social behaviour
HCEO has the right to enforce the possession order as well as seizing the goods in Nottinghamshire if there is any pending rent
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
The costs of using an HCEO for eviction in Nottinghamshire are higher than the Nottinghamshire county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement to the High Court.
The explanations for the lease might include:
The Nottinghamshire landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The costs involved are too high
She or he wishes for additional time to find another area to settle down in Beeston and Stapleford, Mansfield, or West Bridgeford prior to moving out
Finally, the tenant's condition; if unpaid rent is substantial, and a tenant has children, will form relevant factors for the decision by the county court Judge in Nottinghamshire.
If County Court in Nottinghamshire grants the application of landlord to transfer to High Court, the landlord needs to get the high court permission before the issuance of the writ of possession, except in:
More so, consent is not needed for giving out order of possession because of violation of an order of possession and this involves hanging orders where violation entails lack of money to pay in Nottinghamshire.
Once the landlord in Mansfield, West Bridgeford, or Beeston and Stapleford contains a permission for enforcement of possession order from high court, he is bound to deliver notices of application to each party who is residing or using the premises.
High Court is not allowed to permit until every tenant in Nottinghamshire is given the notice that is deemed sufficient enough.
There is no requirement to provide notice in any particular form in Nottinghamshire.
The notice must include the fact of case; this is the vital part of the notice.
If the case revolves around a single tenant in Nottinghamshire who is already aware of the case moving to high court, then a renter's reminder about order specifications and request of returning property possession qualifies as a satisfactory notice.
Failure to give adequate notice or failure to provide the Court with full information on pending appeals or applications against the proceedings of possession may result in the writ of possession being set aside even after it has been executed in Nottinghamshire.
There were several HCEOs in Nottinghamshire 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.
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
Normally, HCEOs can execute an order of possession in Nottinghamshire more quick than the county court's bailiffs.
The execution of a letter of possession by a HCEO may take place 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 issue of the letter of possession in Mansfield, Beeston and Stapleford, or West Bridgeford.
HCEO does not need any requirement to notify the tenants in Nottinghamshire in advance of their visit and the time they will execute the writ of possession, although it is common practice to drop off the writ and return a few days later.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Nottinghamshire, a seven-day notice must be issued to the tenant / creditor.
Writ of possession or writ of control can be set aside by the High Court in Nottinghamshire.
High Court Applications should be made on form N244.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Nottinghamshire because the HCEO may not have received this notice from the High Court.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Nottinghamshire.
HCEOs in Nottinghamshire are not employed by the courts they are licensed commercial agencies.
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 code of conduct governs the activities of HCEOs.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Nottinghamshire - only if ordered by the court.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Nottinghamshire, when confiscating commodities.
The laws require that an HCEO should not:
Without the court orders, entering a residential property in Nottinghamshire later than 9pm or prior to 6am
Enter the premises in Nottinghamshire if the only person inside is a kid aged below 16 years
Taking essential household goods example washing machine, cooker or fridge
Based in Nottinghamshire, working nationwide
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