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If a landlord in Richmond upon Thames 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.
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Richmond upon Thames.
The high court has the authority to impose the order of possession in Cole Park, Ham, or Eel Pie Island if:
Hearing in the High Court in Greater London is only possible if the circumstances are dire, for example, the High Court will deal with the case if the dispute is having any exceptional circumstances, otherwise, the possession order applied for by the Richmond upon Thames landlord will be transferred to the County Court.
When the Richmond upon Thames landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
The transfer of enforcement in Eel Pie Island, Cole Park, or Ham to the high court is determined by the judge of the county court.
During the County Court possession proceedings, the landlord in Richmond upon Thames can request for the transfer of the possession order to the High Court for enforcement.
The Richmond upon Thames landlord may seek to withdraw and transfer the enforcement even after obtaining the possession order at the county court, he would need to go back to the county court and apply to the High Court for enforcement.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in Richmond upon Thames against a possession order.
If the total costs including the unpaid rent along with court expenses are over £600, the owner of the property can appeal for warrant of control for recovering the owed money in Cole Park, Ham, or Eel Pie Island.
Tenants' goods can be seized and sold in Richmond upon Thames under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
If the Consumer Credit Act 1974 (CCA) regulated the debt, it could not be transferred to the High Court, as CCA regulated agreements can only be enforced in the county court in Greater London.
The reasons why a property owner in Richmond upon Thames might seek to transfer the order to the High Court for enforcement include that:
The enforcements in Richmond upon Thames get quicker through HCEOs as compared with the bailiffs of County Court
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in Greater London
Stopping any property damage or behaviour that is anti-social in Richmond upon Thames
The HCEO has the power to implement the order of possession and seize belongings in Richmond upon Thames if money is owned
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
The tenant can oppose an application to transfer enforcement in Richmond upon Thames to the High Court because the costs of using a HCEO are greater than the Greater London county court bailiffs and the speed of eviction is fast in this case.
The reasons for the tenant might include:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Richmond upon Thames
The costs involved are disproportionate
They would require more time to find another place to live in Cole Park, Eel Pie Island, or Ham before eviction
The Richmond upon Thames court's decision to challenge the order transfer may be determined by a number of factors affecting the leaseholder including in the renter has a family or owes a considerable amount of 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 Greater London, apart from when:
Also, if there has been a violation of a possession order, permission may not be obtained before a writ of possession is issued, as well as in a suspended possession order where the violation includes failing to pay debts in Richmond upon Thames.
The moment an application to enforce a possession order has been sent to court, a property owner in Eel Pie Island, Cole Park, or Ham should be ready to notify each party occupying the property regarding the order application.
The High Court won't grant the permission without proof that every tenant in Richmond upon Thames is notified of the notice.
There is no specific requirement of notice to be served in a set form in Greater London.
Enough notice will be decided upon the cases facts.
If it involves a sole tenant in Richmond upon Thames who knew that the case had been moved to the high court, a reminder from the renter about the particulars of the order and a request to return possession is considered enough notice.
The Writ of Possession can be set aside after execution in Richmond upon Thames if the landlord fails to provide the necessary details where the pending appeals against the possession order are concerned or doesn't give enough notice.
There are cases where various HCEOs in Greater London trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
HCEOs usually enforce a possession order in Richmond upon Thames faster than county court bailiffs.
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 Eel Pie Island, Cole Park, or Ham.
An HCEO is not compelled to inform tenants in Richmond upon Thames 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.
HCEO must give notice of seven days when seeking possession of the property in Richmond upon Thames and to seize the goods or cost to recover the overdue rent.
The Greater London High Court can uphold or set aside a writ of possession, or writ of control.
Form N244 should be used to make an application to the High Court.
If granted is the set aside or stay, it is important where possible, the tenant in Richmond upon Thames informs the HCEO, from the HCEO the High Court may not have kept the truth.
Other applications aside from this, such as setting aside the original possession order must be directed to the Greater London County Court.
HCEOs in Richmond upon Thames are not employed by the courts they are licensed commercial agencies.
All enforcement officers in England and Wales authorized by the High Court to execute writs are listed in the Directory of High Court Enforcement Officers.
HCEOs commit to a code of practice.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Richmond upon Thames unless they are recommended by the court to do so.
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 Richmond upon Thames.
The rules include the requirements that the HCEO must not:
Enter a residential property in Greater London before 6:00 a.m. and after 9:00 p.m. without the court authorization
Enter if a child under the age of 16 is the only person present in Richmond upon Thames
To take or seize the basic household goods such as cooker, fridge or washing machine
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