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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 Shrewsbury has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
These HCEOs are also known as Sheriffs, certificated bailiffs or enforcement agents in Shrewsbury.
The High Court can enforce the possession order in Oswestry/Croeswallt, Shrewsbury, or Ashford Bowdler under the following conditions:
The hearing of possession occurred within the High Court in Shropshire, this is bizarre, because if a landlord in Shrewsbury does apply for a possession notice in the High Court, it would usually get transferred to the county court, and it would only stay there if there are unusual situations involved within the order.
When the Shrewsbury landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
The county court judge has the authority to decide whether the enforcement in Shrewsbury, Oswestry/Croeswallt, or Ashford Bowdler should be transferred to High Court or not.
The landlord in Shrewsbury can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
The landlord in Shrewsbury must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
A land owner cannot apply for a transfer if the tenant in Shrewsbury has a pending application, for instance, an appeal against the notice of possession.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Shrewsbury, Ashford Bowdler, or Oswestry/Croeswallt and court fees that costs over £600.
A control letter allows the landlord to seize the tenant or debtor's belongings in Shrewsbury, and this was formerly known as writ of Fieri facias or writ of fi fa.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in Shropshire is the one mandated with the enforcement of CCA regulated agreement.
A Shrewsbury landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
The execution in Shrewsbury through HCEOs is quick than the bailiffs of county courts
Delays in enforcement through County Court sheriffs in Shropshire can cause a loss of rental income too
Prevention of further damage to the property in Shrewsbury or antisocial behaviour
The HCEO can impose the order of custody and seize the products in Shrewsbury if the money is due
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
The tenant can oppose the application to move enforcement in Shrewsbury to the high court because the eviction is much faster and the costs of hiring a HCEO are higher than that of a county court bailiff in Shropshire.
The reasons for the tenant may be:
The Shrewsbury landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The prices are excessive and/or disproportionate
He/she is looking for some extra time to find a place to stay in Shrewsbury, Oswestry/Croeswallt, or Ashford Bowdler before vacating
Extenuating circumstances such as children or rent arrears may play a major role in the court in Shrewsbury when considered by the judge.
If County Court in Shropshire grants the application of landlord to transfer to High Court, the landlord needs to get the high court permission before the issuance of the writ of possession, 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 Shrewsbury.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Oswestry/Croeswallt, Shrewsbury, or Ashford Bowdler is required to notify everyone in the property of the application and the only exceptions are if there are actions against trespassers or in cases involving mortgage repossession.
The High Court shall not give permission until every tenant in Shrewsbury is provided notice as is deemed appropriate by the Court.
The order may be served in any format considering that there aren't specific requirements in Shropshire.
Details of the suit will decide if the order is sufficient.
If it involves a sole tenant in Shrewsbury who knew that the case had been moved to the high court, a reminder from the renter about the particulars of the order and a request to return possession is considered 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 Shrewsbury.
The several incidents of HCEOs in Shropshire trying to divert from the specified process by giving a direct application and taking charge of matter with the wrong usage of section 41 or N293A which is in opposition to tenants rather than trespassers.
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 Shrewsbury by HCEOs is faster.
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 Oswestry/Croeswallt, Ashford Bowdler, or Shrewsbury.
In most cases, they do not inform the tenants of their visit in Shrewsbury and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Shrewsbury, they must serve a 7-days notice to the leaseholder.
Writ of possession or writ of control can be set aside by the High Court in Shropshire.
The N244 form should be used to make applications to the High Court.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Shrewsbury will inform the HCEO of this fact as the High Court may not have informed the HCEO.
However, another application such as to set aside the original permission order needs to be made to the County Court in Shropshire.
HCEOs in Shrewsbury are actually not the court's employees rather they're from court authorized commercial companies.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
HCEOs are required to follow practice code.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Shrewsbury, unless courts decides otherwise.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Shrewsbury.
The regulations stipulate that:
Gain access to a Shropshire residential property before 6am or past 9pm, unless authorised by the court
Enter the Shrewsbury property if the person present is the child aged under 16
Taking essential household goods example washing machine, cooker or fridge
Based in Shrewsbury, working nationwide
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