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Another method for implementation of order of possession is requesting possession warrant from the county court and then the landlord in Scunthorpe will be able to apply for the order to move in high court where it can be implemented by enforcement officer of the high court (HCEO).
HCEOs are also referred to in Scunthorpe as enforcement agents, certified bailiffs or Sheriffs.
High court may impose a possession order in Erith, Belvedere, or Bexley in 2 ways:
The possession hearing was in the High Court in Lincolnshire which is rare because if a landlord in Scunthorpe 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.
If the Scunthorpe landlord applies for the transfer of the possession order from the County Court to the High Court to enable the HCEO to enforce the order.
The county court judge has the authority to decide whether the enforcement in Belvedere, Bexley, or Erith should be transferred to High Court or not.
The landlord in Scunthorpe can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
Once the order of possession is obtained by the Scunthorpe landlord, he can appeal before county court and request movement of order for purposes of implementation in high court.
An application for transfer cannot be made if there are any outstanding applications from the Scunthorpe tenant, For instance, if the tenant has made an appeal against the possession order.
The landlord can also apply for a writ of control if they need to recover the rent arrears and court costs of more than £600 in Belvedere, Bexley, or Erith.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Scunthorpe and the writ is also known as a writ of Fieri facias or writ of fi fa.
If the debt is governed by the 1974 Consumer Credit Act (CCA), it cannot be referred for compliance to the High Court as CCA controlled transactions can only be imposed in the county court in Lincolnshire.
A Scunthorpe landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
HCEOs enforcements in Scunthorpe are faster than enforcement by bailiffs of the county court
Delays in enforcement through County Court sheriffs in Lincolnshire can cause a loss of rental income too
Stopping any property damage or behaviour that is anti-social in Scunthorpe
The HCEO can both seize goods and administer the order of possession in Scunthorpe, when there are unsettled bills
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
The tenants may object to transfer the possession to the High Court as the eviction in Scunthorpe will happen quicker and they will be liable for higher costs as opposed to Lincolnshire county court bailiffs.
The tenant's causes can be:
The landlord in Scunthorpe has not given any proof of delays in case of usage of bailiffs from county courts
The total expenses incurred aren't balanced
The tenant may require more time to look for a new play to live in Bexley, Erith, or Belvedere before eviction takes place
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Scunthorpe will take into account.
The landlord must obtain permission from the High Court before the writ of possession is issued if the landlord's application to transfer possession order is granted by the Lincolnshire county court, except in:
Furthermore, the permission required before serving warrant of possession is not necessary when there is a violation of order of possession including suspension orders in which violation includes non payment of money in Scunthorpe.
The landlord in Bexley, Erith, or Belvedere needs to give notice of this application to everyone in possession of the premises when he/she is looking to get the order transferred to the High Court.
Permission must not be granted by the High Court except each tenant in Scunthorpe is provided with the notice in the timeframe that is deemed sufficient by the Court.
The notice does not require any particular form in Lincolnshire.
Sufficient proof depends on the facts of the case.
In the case of a sole tenant in Scunthorpe 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.
If a landlord fails to give sufficient notice or failure in providing important facts to the court about the pending appeals or application against the proceedings can lead it to the delay in the possession writ, even after the implementation in Scunthorpe.
A couple of HCEOs in Lincolnshire have tried to avoid the legal process by going straight to the High Court to transfer the order under the section 41 of the 1984 County Court Act, or by inappropriately using the N293A form.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
The HCEOs can carry out enforcement of a possession order in Scunthorpe faster than the 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 Belvedere, Bexley, or Erith.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Scunthorpe although it is common practice for them to drop off the writ and return a day or two later.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Scunthorpe, they are bound to give a seven day notice to tenant.
Any writ of possession orders can be set aside or kept with the High Court in Lincolnshire.
Applications to the High Court are made through from N244.
In case the stay or set aside is obtained, it's important where applicable, that the Scunthorpe tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Lincolnshire.
HCEO's in Scunthorpe are not employed by court; however, they serve as business agencies mandated by high court.
The enforcement officers, who are authorized to execute High Court writs in England and Wales, are listed on 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 Scunthorpe unless the court orders otherwise.
New regulations governing the actions of bailiffs in Scunthorpe were released and made effective from April 6, 2014.
They must not:
Enter a residential property in Lincolnshire before 6:00 a.m. and after 9:00 p.m. without the court authorization
Enter the Scunthorpe property if the person present is the child aged under 16
Carry important household goods such as a microwave, refrigerator or laundry
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