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Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in Rotherham can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
HCEOs are also called law enforcement officers, sheriffs or certified bailiffs in Rotherham.
The High Court can enforce the possession order in Rawmarsh, Rotherham, or Wath Upon Dearne under the following conditions:
The possession hearing was in the High Court in South Yorkshire which is rare because if a landlord in Rotherham applies in the high court for a possession warrant, it will be moved to the county court unless there are exceptional circumstances such as complex factual conflicts or important legal issues.
The possession order can be transferred to the High Court for enforcement when the Rotherham landlord applies for it in the county court.
It is the choice of the County Court judge to permit the transference of enforcement in Wath Upon Dearne, Rawmarsh, or Rotherham to the High Court.
At the hearings of possession in the regional court, the owner of property in Rotherham may request for the order of possession be transferred to high court to be implemented starting from there.
Once the landlord in Rotherham obtains the possession order, he/she will be required to apply to the County Court for the transfer of it to the High Court for enforcement.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Rotherham tenant, such as an appeal against the possession order.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Wath Upon Dearne, Rotherham, or Rawmarsh.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Rotherham - this was initially known as, and still referred to as, a writ of Fieri facias or writ of fi fa.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the South Yorkshire County Court can enforce agreements regulated by the CCA.
A Rotherham landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
The enforcement process in Rotherham is often quicker with the HCEO's than with a county court
Loss of income from the rental because of South Yorkshire county court bailiff delays
It avoids additional anti-social activities or property destructions in Rotherham
HCEO has the right to enforce the possession order as well as seizing the goods in Rotherham if there is any pending rent
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
A tenant may object the transfer of application of enforcement in Rotherham to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in South Yorkshire.
The explanations for the lease might include:
The Rotherham landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The expenses in total are not proportionately divided
The tenant may require more time to look for a new play to live in Rawmarsh, Wath Upon Dearne, or Rotherham before eviction takes place
The decision of the Rotherham court to oppose the transfer of order will be influenced by several factors that affect the tenant such as if the tenant has children or has significant rent arrears.
If County Court in South Yorkshire grants the application of landlord to transfer to High Court, the landlord needs to get the high court permission before the issuance of the writ of possession, except in:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in Rotherham.
Once the landlord in Rotherham, Rawmarsh, or Wath Upon Dearne contains a permission for enforcement of possession order from high court, he is bound to deliver notices of application to each party who is residing or using the premises.
High Court is not allowed to permit until every tenant in Rotherham is given the notice that is deemed sufficient enough.
In South Yorkshire, no notification in any particular form is required.
The facts of the case will determine whether the notice is enough.
Once a tenant in Rotherham already knows that there has been a transfer of the order to the High Court, a notice such as a reminder of the stipulations in the court order and a request that the tenant leaves the property may be regarded as sufficient.
The Writ of Possession can be set aside after execution in Rotherham 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.
The note came on the heels of the individualized activities of HCEOs in South Yorkshire, such as the inappropriate use of Form N293A against tenants and not trespassers, and the direct application to the High Court to take over the case on the premise of Section 41 of the County Court Act 1984.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
Enforcement of a possession order in Rotherham is faster through HCEOs than through the county court bailiffs.
The HCEO can execute the writ of possession right after a few days of expiry of the notice of the landlord's application for permission to the High court, or when the writ of possession is issued in Rotherham, Rawmarsh, or Wath Upon Dearne.
There is no need to give notice to the tenants in Rotherham about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
In cases where a HCEO is claiming to seize money and goods due to costs and rent arrears and recovering possession of the premises in Rotherham, they will have to provide the tenant a 7 days' notice.
The South Yorkshire High court can stay or set aside a writ of control or writ of possession.
Form N244 is used for these applications.
The tenant in Rotherham must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
Any other application, such as setting aside the original possession order, must be placed to the county court in South Yorkshire.
The role of commercial agencies is assigned to HCEOs in Rotherham and authorised by the High Court, not the Court employees.
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 pledges to a code of practice.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Rotherham unless the court orders otherwise.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Rotherham.
The protocols include:
Gain access to a South Yorkshire residential property before 6am or past 9pm, unless authorised by the court
Go inside the building in Rotherham in case the person within is a child below the age of 16 years
Take vital household goods like a cooker, fridge or washing machine
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