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A landlord in Runcorn can apply to transfer a possession order to the High Court Enforcement Office (HCEO) as an alternative to enforcing the process with a request from a county court to give a warrant possession notice.
HCEOs are also referred to in Runcorn as enforcement agents, certified bailiffs or Sheriffs.
A possession order can only be enforced in Helsby, Appleton Thorn, or Frodsham through the High Court when:
When the hearing of possession was in high court in Cheshire, as this is not common because if a landlord in Runcorn makes an application for an order of possession in high court, it will be moved to county court unless there are special circumstances like complicated disputes.
The landlord in Runcorn specifically applies to the county court to get the process transferred into the High Court.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Appleton Thorn, Helsby, or Frodsham to the high court or not.
During the county court possession hearings, a landlord in Runcorn can request that the possession order to be moved to the high court for enforcement.
The landlord in Runcorn must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Runcorn, for instance, if tenant has appealed against possession order.
If there are rent arrears and the arrears are in excess of £ 600 together with any court costs, the landlord may also apply for a writ of control to recover the money owed in Frodsham, Helsby, or Appleton Thorn.
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 Runcorn.
If the debt is processed by the Consumer Credit Act 1974 (CCA), then it will not be permitted to get transferred to the High Court as CCA agreements that are regulated can only be enforced in the Cheshire county court.
There are various grounds for a land owner in Runcorn to apply for the order transfer for implementation in high court, such as:
Implementation in Runcorn by HCEOs is usually faster than by county court bailiffs
Delay in enforcement via County Court bailiff in Cheshire causes rental income loss
To avoid continued destruction of the property in Runcorn as well as antisocial behaviour
The HCEO can both seize goods and administer the order of possession in Runcorn, when there are unsettled bills
The interest on judgement debt for arrears, which is currently at the rate of 8%, will accumulate right from the transfer of the order.
HCEOs offer faster eviction speed in Runcorn and are more expensive than the bailiffs in County Court in Cheshire, thus, a tenant may not be comfortable with the transfer arrangement and kick against it for a wide range of reasons.
The tenant could have the following reasons:
The property owner in Runcorn has availed evidence that there will be a significant delay using the county court bailiffs
The costs involved are disproportionate
Tennant needs some more time to find another place to live in Helsby, Frodsham, or Appleton Thorn
The Runcorn 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.
If the Cheshire county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except in:
Permission is also not needed for the issue of a writ of possession, including a suspended possession order or lack of payment following the breach of a possession order in Runcorn.
When permission is obtained in the High Court to impose a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Helsby, Appleton Thorn, or Frodsham must inform' any person in real possession' of the property of the demand.
High Court is not allowed to permit until every tenant in Runcorn is given the notice that is deemed sufficient enough.
The notice does not require any particular form in Cheshire.
The satisfactory notice will vary according to the case facts.
In the case of a sole tenant in Runcorn who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession might be enough notice.
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 Runcorn.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Cheshire by applying to High Court directly to take over the issue under section 41 of the County Court Act 1984 as well as by using form N293A in improper way.
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
The HCEOs can carry out enforcement of a possession order in Runcorn faster than the county court bailiffs.
The execution of a letter of possession by a HCEO may take place only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the issue of the letter of possession in Frodsham, Helsby, or Appleton Thorn.
Even though it is a frequent practice for a HCEO to deliver the writ and return a day or two later, there is no need for them to let the tenants in Runcorn know in advance of their visit regarding when they will be carrying out the writ of possession.
However, the HCEO needs to give a seven days' notice to the tenant where they need to seize goods and money while recovering possession of the property in Runcorn.
The Cheshire High court can stay or set aside a writ of control or writ of possession.
Applications to the High Court are made through from N244.
However, if the stay or set aside is granted, the tenant in Runcorn must inform the HCEO because the High Court may not have told them.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a Cheshire county court.
The role of commercial agencies is assigned to HCEOs in Runcorn and authorised by the High Court, not the Court employees.
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.
High Court enforcement officers practice a code of conduct.
They can't execute a writ of possession on some special days such as Good Friday, on a Sunday, or on Christmas day in Runcorn without an expressed authorization by the court.
The actions of all other bailiffs and the HCEOs when goods are seized in Runcorn are in effect from 6 April 2014.
They must not:
Without the court orders, entering a residential property in Cheshire later than 9pm or prior to 6am
Enter the premises in Runcorn if the only person inside is a kid aged below 16 years
Carry important household goods such as a microwave, refrigerator or laundry
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