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Having the county court issue a warrant of possession is an alternative to enforcing a possession order and the landlord in Sale needs to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
HCEOs in Sale are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
A possession order can be applied in Shevington, Stretford, or Royton through the High Court when:
Hearing in the High Court in Greater Manchester 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 Sale landlord will be transferred to the County Court.
The landlord in Sale specifically applies to the county court to get the process transferred into the High Court.
County court determines if the enforcement in Royton, Shevington, or Stretford can be transferred to high court.
The Sale landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
The Sale landlord will need to apply to the county court requesting that the possession order be transferred to the High Court for enforcement purposes after a possession order has been obtained.
If there is an appeal against the ruling or any pending applications from the Sale tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
However, in order to recover the pending rents a writ of control can be filed by the landlord in Stretford, Shevington, or Royton, and this can be done if court costs and rent arrears exceed £600.
A writ of control provides for the sale and seizure of the tenant's goods in Sale - this was formerly known as a writ of fi fa or writ of Fieri facias.
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 Greater Manchester county court.
A Sale landlord can apply for transfer of the possession order to a High Court for the following reasons:
The execution in Sale through HCEOs is quick than the bailiffs of county courts
Delays in implementation by the Greater Manchester county court bailiffs could cause the landlord to lose rental income
Reduce the chances of further damage to the property or any other anti-social behaviour in Sale
The HCEO is authorised to execute the possession order and seize possessions in Sale in case cash is owed
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to Greater Manchester county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Sale go to the High Court.
The explanations for the lease might include:
The Sale property owner has not provided proof that there will be some delays when county court bailiffs are used
The expenses in total are not proportionately divided
The tenant needs extra time to find somewhere else to live in Royton, Stretford, or Shevington
The tenant's specific issues, such as whether he/she has noticeable rent arrears or children, will most of the time be relevant factors the court in Sale will consider.
If the Greater Manchester county court awards the application from the property owner to transfer the possession order to the High Court, the landlord must apply for the consent of the High Court before the court issues the writ of possession, except for:
If the possession order is breached, the writ of possession can be issued without permission, and the breach may include the suspension of a possession order, especially when rent arrears are a part of the breach in Sale.
When permission is sought in the High Court to enforce a possession order (i.e. except in actions against trespassers and cases of mortgage repossession), the property owner in Shevington, Stretford, or Royton is to give notice of the application to 'every person in actual possession' of the property.
The high court will not give permission unless every Sale tenant is provided with the notice and the court considers it enough.
Notice can be given in any way in Greater Manchester as there are no rules for this.
The facts of the case will depend on what is enough notice.
When dealing with just one tenant in Sale 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 fails to provide enough notice or does not give all the details to the court about appeals against possession hearings or pending applications, the writ of possession can be set aside even after it has been executed in Sale.
Some HCEOs in Greater Manchester tried to go around the procedure that is correct by submitting an application to the High Court directly to be in charge of the matter under section 41 of the County Court Act 1984, or by using Form N293A inappropriately (i.e. against tenants instead of trespassers).
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
Like we said earlier, Enforcement of a possession order in Sale is quicker through HCEOs than the county court bailiffs.
An execution of a writ of possession by a High Court Enforcement Officers may occur just few days once the landlord's application to the High Court is expired or of the issue of the writ of possession in Shevington, Stretford, or Royton.
The HCEO is not obligated to inform the tenant prior to their visit in Sale on when the writ of possession would be executed, usually they deliver the writ and visit the property again the next day or 2 days after.
Where a HCEO is planning to seize good and money as well as repossess the property in Sale, they must prove the tenant /creditor with a 7 days' notice.
The High Court in Greater Manchester has the right to keep or set aside a letter of possession or control.
You should fill form N244 when making applications to the high court.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Sale will inform the HCEO of this fact as the High Court may not have informed the HCEO.
Additional applications such as an annulment of the original order of possession must be submitted to the Greater Manchester county court.
High Court enforcement officers (HCEOs) in Sale are commercial agencies which are not employees of High court however they are authorized by the high court.
In England and Wales, the names of authorized HCEOs are available from the HCEO's directory.
HCEOs pledges to a code of practice.
Except stated otherwise by the court, a writ of possession cannot be enforced on Christmas Day, Good Friday, or on a Sunday in Sale.
Regulations govern the action of HCEOs and all other bailiffs in Sale while seizing goods with the effect from 6 April 2014.
The regulations stipulate that:
Gain access to a Greater Manchester residential property before 6am or past 9pm, unless authorised by the court
Enter if a child under the age of 16 is the only person present in Sale
Take essential household goods like washing machine, fridge or cooker
Based in Sale, working nationwide
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