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For a Landlord in Nuneaton to possess a letter of the warrant, he/she has to apply the transfer order to the High court through the High Court Enforcement Officer (HCEO), and HCEO applies the relocation of a possession order of enforcement from the county court to the High court on behalf of a Landlord.
High Court Enforcement Officers in Nuneaton are also called certificated bailiffs, Sheriffs, or enforcement agents.
The High Court can enforce the possession order in Ryton, Nuneaton, or Bedworth on different conditions, such as:
If the possession hearing was conducted within high court in Warwickshire as this however, is very rare as the possession order application by the landlord in Nuneaton moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
An application is submitted by the Nuneaton landlord to the county court requesting for the transfer of a possession order to the High Court so that it can be enforced by an HCEO.
It's often the decision of the judge at the county court if the order in Ryton, Bedworth, or Nuneaton will be allowed to get transferred to the High Court.
During the county court possession proceedings, the landlord in Nuneaton may request that the possession order, if made, be transferred for enforcement to the High Court.
The Nuneaton 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.
The landlord can't make the application if there are outstanding issues such as if the tenant in Nuneaton has appealed against the order.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Ryton, Nuneaton, or Bedworth.
A writ of control provides for the sale and seizure of the tenant's goods in Nuneaton - this was formerly known as a writ of fi fa or writ of Fieri facias.
Agreements regulated by the CCA cannot be enforced outside the Warwickshire county court, so if the debt is guided by the 1994 CCA (Consumer Credit Act), it is impossible to transfer enforcement to the High Court.
There can be a number of reasons for which landlords in Nuneaton can request the transference in high court for execution including the following:
Enforcement in Nuneaton is normally faster through HCEOs as compared to county court bailiffs
Delays in implementation by the Warwickshire county court bailiffs could cause the landlord to lose rental income
Prevention of additional property damage and/or antisocial behaviour in Nuneaton
The HCEO can impose the order of custody and seize the products in Nuneaton if the money is due
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Nuneaton than the bailiffs of Warwickshire County Court so, a tenant can oppose the application to transfer the possession order to the High court.
The reasons for the tenant might include:
The landlord did not provide proof that the use of county court bailiffs in Nuneaton would be substantially affected
The costs are higher than expected
He/she needs more time to look for another place to live in Bedworth, Nuneaton, or Ryton before eviction
The tenant needs to highlight the relevant factors the court in Nuneaton can take into consideration such as having significant arrears or having kids.
If the county court in Warwickshire grants the application of the landlord to transfer order, the landlord will have to get high court permission before a writ of possession is served 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 Nuneaton.
When a landlord in Bedworth, Ryton, or Nuneaton seeks permission from the High Court in order to enforce the possession order then every tenant (everyone in actual possession) must be served with the notice of application.
The High Court won't grant the permission without proof that every tenant in Nuneaton is notified of the notice.
In Warwickshire, it is not required to give the notice in a specific form.
Dependent on the facts of the case, is what is sufficient notice.
In the event that a tenant in Nuneaton who had a case that had been transferred to the High Court was aware, a reminder from the property owner of the terms of the court order and a request that possession is considered to be sufficient notice.
In case the renter fails to give sufficient notice or fails to provide the entire information to court concerning petitions against possession proceedings or pending claims, the order of possession may be put aside although having been implemented in Nuneaton.
Some HCEOs in Warwickshire try to take over the matter under section 41 of the County Court Act 1984 by applying directly to the High Court or by inappropriately using Form N293A (i.e., against tenants instead of trespassers) to circumvent the correct procedure.
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.
HCEOs ensure faster enforcement of a possession order in Nuneaton than bailiffs in a County Court.
It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in Bedworth, Ryton, or Nuneaton.
The HCEO is not expected to notify the tenants earlier of their visit in Nuneaton about when they will be administering the writ of possession, although is normal for them to drop off the writ and return after 1 or two days.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Nuneaton, a seven-day notice must be issued to the tenant / creditor.
The Warwickshire High Court can uphold or set aside a writ of possession, or writ of control.
All applications to the High Court must be made on form N244.
If the tenant in Nuneaton 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.
Any other application, such as setting aside the original possession order, must be placed to the county court in Warwickshire.
HCEOs in Nuneaton are High Court-approved private companies and not court workers.
Therefore, you need to go through the Directory of High Court Enforcement Officers to see those that are commissioned to carry out the task in your jurisdiction.
Every high court enforcement officer must stick to the code of practices.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Nuneaton unless the Court orders otherwise.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Nuneaton.
The regulations have requirements that a HCEO must not:
Go inside the residential property in Warwickshire before 6 am or after 9 pm, except the court approved it
Entering a property in Nuneaton with an under 16 person the only person in the property
Seizing essential domestic equipment such as washing machine, fridge, or cooker
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