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The landlord in Poole can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
HCEOs are also called law enforcement officers, sheriffs or certified bailiffs in Poole.
A possession order can be applied in Barrow Hill, Lytchett Matravers, or Poole through the High Court when:
When the possession hearing takes place in the Dorset High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Poole 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.
If the owner of the property in Poole appeals the transfer of possession order from county to high court for HCEO implementation.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Barrow Hill, Lytchett Matravers, or Poole to the high court or not.
The landlord in Poole can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
If the Poole 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 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 Poole.
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 Poole, Lytchett Matravers, or Barrow Hill.
Formerly and still popularly referred to as a writ of Fieri facias or writ of fi fa, a writ of control allows the tenant/debtors belongings to be seized or sold in Poole.
Any debt that is controlled by the Consumer Credit Act (CCA), cannot be moved to the high court for execution because CCA regulated contracts can only be executed in the county court in Dorset.
A Poole landlord can apply for transfer of the possession order to a High Court for the following reasons:
The implementation in Poole is usually quicker when handled by HCEOs as compared to county court sheriffs
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in Dorset
It prevents further anti-social behaviour or destruction of property in Poole
If the tenant owes you money, the HCEO can seize the defaulter's goods in Poole to recover your money as well as enforce the possession order
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
The opposition from the tenant's side can be seen against the transference application because in high court, the eviction process in Poole can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in Dorset.
These reasons include:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Poole
The total costs involved are not proportionate
To locate somewhere else to stay in Poole, Lytchett Matravers, or Barrow Hill until relocation, he / she need extra time
The court in Poole can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
In case the order transference application made by the landlord is granted by the county court in Dorset, he would also have to get permission from high court before serving warrant of possession except:
Furthermore, the permission required before serving warrant of possession is not necessary when there is a violation of order of possession including suspension orders in which violation includes non payment of money in Poole.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Barrow Hill, Poole, or Lytchett Matravers is required to notify everyone in the property of the application and the only exceptions are if there are actions against trespassers or in cases involving mortgage repossession.
The high court will not give permission unless every Poole tenant is provided with the notice and the court considers it enough.
There is no requirement to provide notice in any particular form in Dorset.
However, it should be according to the facts of the case.
If there is just one tenant in the Poole property, who is already aware of the case being transferred, then a simple reminder by the landlord of the guidelines from the court order and a demand that the property is to be given up is more than enough.
Failure to give adequate notice, or fail to give to court full information in regard to pending appeals or applications against the proceedings of possession, may result in the writ of possession being set aside, even after it is executed in Poole.
There were several HCEOs in Dorset 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.
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
Enforcement of a possession order in Poole is normally faster through HCEO as compared to 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 Poole, Barrow Hill, or Lytchett Matravers.
An HCEO is not compelled to inform tenants in Poole 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.
On the other hand, a HCEO must provide the tenant/creditor with a seven days' notice in case they are looking for goods and money, like rent debts and expenses and regain the possession of the residence in Poole.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Dorset.
Applications should be made on form N244.
If the court grants the application, the tenant in Poole must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
If there is any other application, for example, setting aside the initial possession order, it must be made to a county court in Dorset.
HCEOs in Poole 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.
All high court enforcement officers must abide to a code of practice.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Poole, unless it is ordered by the court.
Regulations govern the activities of HCEOs and all other bailiffs in Poole with effect from 6 April 2014.
Under these regulations, HCEO has no right to:
Go inside a premise of residence in Dorset before 06:00 or after 21:00, unless the court has ordered it
Go inside the Poole house if the only person there is a child of 16 years of age and below
Taking basic household stuff for instance refrigerator, cooker or washing machine
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