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The landlord in Salford can get enforcement by high court enforcement officer by simply applying to the county court to transfer its possession order from county court to High Court which is also an alternative to possession order implementation by the issuance of the warrant of possession from the County Court.
These HCEOs are also known as Sheriffs, certificated bailiffs or enforcement agents in Salford.
The High Court can enforce the possession order in Charlestown, Salford, or Brindle Heath on different conditions, such as:
When the hearing of possession was in high court in Greater Manchester, as this is not common because if a landlord in Salford 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 property owner in Salford applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
The county court judge has to decide whether to allow the transfer of enforcement in Salford, Brindle Heath, or Charlestown to the High Court.
The Salford property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
After a possession order has been served, the Salford property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
If there is an appeal against the ruling or any pending applications from the Salford tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Salford, Charlestown, or Brindle Heath, and if courts cost in addition to rents owed is more than £600.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Salford, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
The possession order cannot be regulated to the High Court if the overdue rent is regulated by the Consumer Credit Act 1974 (CCA) because CCA regulated contracts can only be implemented by the Greater Manchester County Court.
There are certain reasons why a landlord in Salford can apply for a transfer of the order to the High Court for enforcement including:
High Court Enforcement Officers can carry out the eviction in Salford quicker than bailiffs of the county court
Loss of rental income because of delay in enforcement through the Greater Manchester county court bailiffs
Prevention of further damage to the property in Salford or anti-social behaviour
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Salford too
Right from the transfer of the order, the interest on judgement debt of arrears will accumulate which is currently at the rate of 8%.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Salford is higher than the Greater Manchester county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
Tenants may have the following reasons to object:
The Salford landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The costs involved are not proportionate
Tennant needs some more time to find another place to live in Brindle Heath, Salford, or Charlestown
Extenuating circumstances such as children or rent arrears may play a major role in the court in Salford when considered by the judge.
If the landlord's request to transfer the possession order to the High Court is granted by the Greater Manchester county court, the landlord would then have to obtain the permission of the High Court ahead of the issuance of the writ of eviction, except in:
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 Salford.
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 Charlestown, Brindle Heath, or Salford is to give notice of the application to 'every person in actual possession' of the property.
The High Court will not award approval except each tenant in Salford has such notice as the Court feels is enough.
You can simply deliver the notice in any way you want in Greater Manchester.
The notice must include the fact of case; this is the vital part of the notice.
If the case revolves around a single tenant in Salford who is already aware of the case moving to high court, then a renter's reminder about order specifications and request of returning property possession qualifies as a satisfactory notice.
The Writ of Possession can be set aside after execution in Salford 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.
Some HCEOs in Greater Manchester had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
The Senior Master of the High Court (Queens Bench Division) releases a practice note on 21 March 2016 to block these loopholes and stop the unfair practices.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in Salford rather than county court bailiffs.
HCEOs require few days to enforce warrant of possession if the application notice of permission expires or after issuance of warrant of possession in Salford, Charlestown, or Brindle Heath.
The HCEO doesn't need to inform the tenants in Salford about when they are going to execute the writ of possession, and the HCEOs usually drop off the writ return a day or two later.
Where a HCEO is planning to seize good and money as well as repossess the property in Salford, they must prove the tenant /creditor with a 7 days' notice.
The High Court in Greater Manchester can set aside or stay a writ of control or a writ of possession application.
Form N244 should be used to send the stay or set aside applications to the High Court.
The tenant in Salford must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
However, another application such as to set aside the original permission order needs to be made to the County Court in Greater Manchester.
HCEOs in Salford are not employed by the courts they are licensed commercial agencies.
In England and Wales, the names of authorized HCEOs are available from the HCEO's directory.
HCEOs are guided by a code of practice.
They can't execute a writ of possession on some special days such as Good Friday, on a Sunday, or on Christmas day in Salford without an expressed authorization by the court.
Regulations govern the action of HCEOs and all other bailiffs in Salford while seizing goods with the effect from 6 April 2014.
Under these regulations, the HCEO is restricted from:
Go inside the residential property in Greater Manchester before 6 am or after 9 pm, except the court approved it
Go inside the building in Salford in case the person within is a child below the age of 16 years
Take the fridge, cooker, washing machine, or some other essential household items
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