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When it comes to obtaining and enforcing a possession order, landlords in Rossendale have many options to choose from and ideally, applying for the same via the county court has been popular, yet, there is another viable option - the High Court Writ of Eviction.
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Rossendale.
The High Court can enforce the possession order in Crawshawbooth, Cloughfold, or Reedshome under the following conditions:
The possession hearing was in the High Court in Lancashire as this is unusual since if a property owner in Rossendale applies for a possession order in the High Court, it will be transferred to the County Court unless there are special cases, like complicate disagreements of fact or significant points of law.
The possession order can be transferred to the High Court for enforcement when the Rossendale landlord applies for it in the county court.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Reedshome, Cloughfold, or Crawshawbooth to the High Court.
The landlord in Rossendale can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
After the court grants a possession order, the landlord in Rossendale must apply to the county court for the transfer of the Court order to the High Court for enforcement.
If there is an appeal against the ruling or any pending applications from the Rossendale tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Cloughfold, Reedshome, or Crawshawbooth and court fees that costs over £600.
Tenants' goods can be seized and sold in Rossendale under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in Lancashire can only be enforced by the County Court.
The reasons why a property owner in Rossendale might seek to transfer the order to the High Court for enforcement include that:
Enforcement in Rossendale is usually faster by HCEOs than by county court bailiffs
Loss of rental income because of delay in enforcement through the Lancashire county court bailiffs
Prevention of further damage to the Rossendale property and/or anti-social behaviour
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Rossendale too
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
The tenants may object to transfer the possession to the High Court as the eviction in Rossendale will happen quicker and they will be liable for higher costs as opposed to Lancashire county court bailiffs.
The reasons for the tenant may be:
The property owner in Rossendale has availed evidence that there will be a significant delay using the county court bailiffs
The costs involved are not proportionate
The period of delay before eviction affords the tenant the opportunity to find another place to live in Cloughfold, Crawshawbooth, or Reedshome
Extenuating circumstances such as children or rent arrears may play a major role in the court in Rossendale when considered by the judge.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the Lancashire county court, however, they won't need the permission in:
The landlord may not need permission for the issue of a writ of possession in case of the possession order breach, and it is also not required in case of a possession order that is suspended where the breach is in money non-payment in Rossendale.
When permission is sought from the High Court, it is liable for the landlord in Reedshome, Cloughfold, or Crawshawbooth to give notice of the application every person involved in actual possession of the property - except in the debt recovery or cases against the intruders.
High court may not consent until each leaseholder in Rossendale has been served with the order and it is satisfied.
You can simply deliver the notice in any way you want in Lancashire.
Sufficient proof depends on the facts of the case.
When dealing with just one tenant in Rossendale who is aware of the transfer to the High Court, the landlord may just send a reminder, reminding the tenant of the court order and he should also remind the tenant to give up the possession.
If the landlord does not give adequate notice or fail to offer information that is complete to the Court about any pending appeals or applications against the proceedings for possession, this could cause the possession writ, even after its execution in Rossendale to be set aside.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in Lancashire.
On 21 March 2016, the court issued a practice note through the Senior Master of the High Court (Queens Bench Division) to stop these malpractices and illegal use of their powers.
Normally, HCEOs can execute an order of possession in Rossendale more quick than the county court's bailiffs.
The execution can be done just a couple of days after the landlord's application for permission to the High Court expires or the possession writ is issued in Crawshawbooth, Cloughfold, or Reedshome.
There is no requirement for a HCEO to notify tenants in Rossendale in advance of their visit when they will execute the possession letter, although it is common practice for them to drop the letter and return one or two days later.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the Rossendale property, a seven-day notice must be given to the tenant/creditor.
Any writ of possession orders can be set aside or kept with the High Court in Lancashire.
High Court Applications should be made on form N244.
If the tenant in Rossendale 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.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Lancashire.
HCEOs in Rossendale aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
In England and Wales, names of the enforcement officers authorised to execute High Court writs are contained in the Directory of High Court Enforcement Officers.
The HCEOs cannot carry out the evictions if they aren't subscribed to a code of practice.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Rossendale, unless in the situation where the court orders so.
The regulations for governing HCEOs and bailiff's actions while seizing belongings in Rossendale are applicable from April 6, 2014.
According to these regulations the HCEO must not:
Reach a residential property in Lancashire by 6 a.m. or 9 p.m., as approved by the judge
Enter the Rossendale property if there is only a child present who is aged under 16
Seize important household items including fridges, washing machine or cooker
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