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Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in Peterborough can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
HCEOs are also referred to in Peterborough as enforcement agents, certified bailiffs or Sheriffs.
High court may impose a possession order in Farcet, Orton Southgate, or Eye in 2 ways:
The hearing of possession occurred within the High Court in Cambridgeshire, this is bizarre, because if a landlord in Peterborough does apply for a possession notice in the High Court, it would usually get transferred to the county court, and it would only stay there if there are unusual situations involved within the order.
The Peterborough landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
The County Court judge can decide to allow the transfer of enforcement in Eye, Orton Southgate, or Farcet or not, that's at the judge's discretion.
A landlord in Peterborough can apply for transfer during the proceedings of a possession order in County Court as he can request for transfer of it to the High court for enforcement.
If the Peterborough landlord wishes to transfer the proceedings to the High Court after the possession order has been made, then they will be required to fill out an application to the county court to do so.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Peterborough tenant, such as an appeal against the possession order.
Or if the tenant has rent arrears, when coupled together with court costs come to more than £600, a landlord can apply to get a writ of control which will enable them to recoup any debited money in Eye, Farcet, or Orton Southgate.
A writ of control provides for the sale and seizure of the tenant's goods in Peterborough - this was formerly known as a writ of fi fa or writ of Fieri facias.
If the debt is governed by the 1974 Consumer Credit Act (CCA), it cannot be referred for compliance to the High Court as CCA controlled transactions can only be imposed in the county court in Cambridgeshire.
A Peterborough landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
The enforcement process is quicker in Peterborough through the HCEO than the county court bailiffs
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in Cambridgeshire
Prevent the expedition of property destruction in Peterborough or anti-social actions
HCEO has the right to enforce the possession order as well as seizing the goods in Peterborough if there is any pending rent
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
The costs of using an HCEO for eviction in Peterborough are higher than the Cambridgeshire 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.
Usually, tenants want to avoid this process because:
The Peterborough property owner has not provided proof that there will be some delays when county court bailiffs are used
Court costs are expensive
The tenants need extra time to get an alternative housing arrangement in Eye, Orton Southgate, or Farcet
Extenuating circumstances such as children or rent arrears may play a major role in the court in Peterborough when considered by the judge.
If the County Court in Cambridgeshire 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:
Permission is also not a requirement for the possession writ issuance following the possession order breach, including a possession order that is suspended, where the breach include unpaid bills in Peterborough.
The moment an application to enforce a possession order has been sent to court, a property owner in Farcet, Orton Southgate, or Eye should be ready to notify each party occupying the property regarding the order application.
The High Court shall not give permission until every tenant in Peterborough is provided notice as is deemed appropriate by the Court.
There are no specific instructions about what constitutes acceptable notice in Cambridgeshire.
Sufficient proof depends on the facts of the case.
In the case of a sole tenant in Peterborough who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession could be sufficient notification.
If the landlord fails to provide enough notice or does not give all the details to the court about appeals against possession hearings or pending applications, the writ of possession can be set aside even after it has been executed in Peterborough.
Some HCEOs in Cambridgeshire apply to the High Court directly to take over the case through Form N293A or Section 41, the County Court Act 1984, and they thus bypass the normal procedure.
On 21 March 2016, a practice note was issued by the Senior Master of the High Court in order to ensure that these malpractices stop.
Basically, an order of ownership in Peterborough is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
Execution of the possession order is possible only in a few days of the expiration of the notice given by the landlord when executed by the high court or after then possession writ is issued in Farcet, Orton Southgate, or Eye.
An HCEO is not compelled to inform tenants in Peterborough 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.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Peterborough property as well as the seizure of goods and money such as pending rents or any other costs.
The High Court in Cambridgeshire has the mandate to set aside or delay a possession writ, or control writ.
Applications can be made by filling out the N244 form while giving application to high court.
In case the stay or set aside is obtained, it's important where applicable, that the Peterborough tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Cambridgeshire.
The High Court authorizes the HCEOs as commercial agencies in Peterborough, thus, they are not on the court's payroll.
The enforcement officers, who are authorized to execute High Court writs in England and Wales, are listed on the Directory of High Court Enforcement Officers.
High Court enforcement officers practice a code of conduct.
They can't execute a writ of possession on some special days such as Good Friday, on a Sunday, or on Christmas day in Peterborough without an expressed authorization by the court.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Peterborough.
The regulations stipulate that:
HCEOs must not enter a Cambridgeshire residential property before 6am and after 9pm, except if the court authorized that
Enter a Peterborough residential property if the only person present at the time is below the age of 16
Take household goods such as fridge, cooker, washing machine, and many more
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