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The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in Rugby has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Rugby.
On order of possession can be imposed in Long Lawford, Rugby, or Dunchurch via the high court into two ways:
The possession hearing was in the High Court in Warwickshire which is rare because if a landlord in Rugby 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 landlord in Rugby wants to have the possession order transferred to the High Court for enforcement.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Dunchurch, Long Lawford, or Rugby to the high court or not.
The landlord in Rugby can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
The Rugby landlord needs to make an application to the county court after obtaining the possession order and in this application, they request to transfer the order to the High Court for Enforcement.
An application for transfer cannot be made if there are any outstanding applications from the Rugby tenant, For instance, if the tenant has made an appeal against the possession order.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Rugby, Long Lawford, or Dunchurch and court fees that costs over £600.
Tenants' goods can be seized and sold in Rugby under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Warwickshire executes them as they are CCA regulated agreements.
A Rugby landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
Enforcement in Rugby is quicker through HCEOs than the county court bailiffs
Delay in enforcement via County Court bailiff in Warwickshire causes rental income loss
To avoid continued destruction of the property in Rugby as well as antisocial behaviour
The High court officer can seize goods in Rugby while enforcing the possession to recover money owed
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
The tenant can oppose an application to transfer enforcement in Rugby to the High Court because the costs of using a HCEO are greater than the Warwickshire county court bailiffs and the speed of eviction is fast in this case.
The reasons for opposing the application may differ as:
The landlord in Rugby hasn't provided proper evidence that a delay will result from using county court bailiffs
The involved cost are unbalanced
He/she needs more time to look for another place to live in Long Lawford, Rugby, or Dunchurch before eviction
Significant pending dues or children are also among these factors that will be under the Rugby court's consideration regarding the tenant's specific condition.
If the County Court in Warwickshire 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:
Authorization for the issuance of a possession writ is also not needed in case there is a breach of possession comprising of suspension of order where there is or lack of payment of money in Rugby.
Once the landlord in Rugby, Dunchurch, or Long Lawford 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.
The High Court shall not give permission until every tenant in Rugby is provided notice as is deemed appropriate by the Court.
There is no requirement to provide notice in any particular form in Warwickshire.
What is acceptable depends on the particular case in question.
Once a tenant in Rugby 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.
Failing to provide sufficient notice, or to provide full information to the Court about pending applications or court appeals against the possession proceedings, can cause writ possession to be set aside, ever after its execution in Rugby.
The note came on the heels of the individualized activities of HCEOs in Warwickshire, 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.
So, in order to prevent such malpractices, High Court's Senior Master issued a practice note on 21 March 2016.
Compared to using county bailiffs, enforcing a possession order in Rugby by HCEOs is faster.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Rugby, Dunchurch, or Long Lawford.
A HCEO does not have to give tenants any notice in advance before their visit in Rugby to execute the writ of possession because there is no requirement for that, however, some HCEOs usually send the writ one or two days before visiting the premises.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Rugby, they must give the tenant or creditor a seven days' notice.
The High Court in Warwickshire has the authority to stay or set aside a writ of possession.
All applications to the High Court must be made on form N244.
In case the stay or set aside is obtained, it's important where applicable, that the Rugby tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
The applicants must make any other application to the Warwickshire county court, for instance, to set aside the original possession order.
HCEOs in Rugby are commercial firms authorised by the High Court, not employees of the court.
The names of authorized HCEOs in Wales and England permitted to carry out an execution of High Court writs are contained in the HCEO directory.
The code of conduct governs the activities of HCEOs.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Rugby, unless the court has stated otherwise.
Regulations govern the activities of HCEOs and all other bailiffs in Rugby with effect from 6 April 2014.
Under these regulations, the HCEO is restricted from:
Enter residential property in Warwickshire before 6 am or after 9 pm unless the Court has authorised them
Enter the Rugby property if the person present is the child aged under 16
Take key household goods such as washing machine, fridge or cooker
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