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If a landlord in Shropshire doesn't want to issue a warrant for possession order, the landlord may apply for the transfer of the order to the High Court, then, the High Court Enforcement Officer (HCEO) will enforce the order.
HCEOs in Shropshire are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
The High Court can enforce a notice of possession in Shrewsbury, Oakengates-Donnington, or Telford if:
During Shropshire high court possession hearing as the practice is uncommon considering that in case a leaseholder in Shropshire applies for an ownership order in the court, it may be send to the regional court unless certain conditions such as complex disagreements are involved.
The Shropshire landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
The county court judge has the authority to decide whether the enforcement in Shrewsbury, Oakengates-Donnington, or Telford should be transferred to High Court or not.
The landlord in Shropshire can make a request whilst the county court process is in order to be transferred to the enforcement of the High Court.
If the Shropshire landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
If there is an appeal against the ruling or any pending applications from the Shropshire tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
If court costs and rent arrears amounting to more than £600, then, the landlord may file for a writ of control to recover the amount in Telford, Oakengates-Donnington, or Shrewsbury.
The writ of control is empowering the landlord to seize and sale the tenant's goods to recover his money in Shropshire, and it is called the writ of Fieri facias or writ of fi fa.
Note that if the debt is under the regulation of the Consumer Credit Act 1974 (CCA), the Shropshire county court cannot transfer the possession order to the High Court for enforcement as the CCA regulates are enforceable in the county court.
The reasons why a landlord in Shropshire may request that the order be transferred for enforcement to the High Court include:
Implementation in Shropshire by HCEOs is usually faster than by county court bailiffs
Rental income losses caused by delays in enforcement through the bailiffs of the county court in Shropshire
Prevention of additional property damage and/or antisocial behaviour in Shropshire
The HCEO can both seize goods and enforce the possession order in Shropshire when money is owed
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Shropshire is higher than the Shropshire 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 property owner in Shropshire has availed evidence that there will be a significant delay using the county court bailiffs
The expenses in total are not proportionately divided
They would require more time to find another place to live in Shrewsbury, Telford, or Oakengates-Donnington before eviction
Exceptional circumstances like when a tenant has children or owes a substantial amount of debt are usually important factors which would be considered by the court in Shropshire.
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:
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 Shropshire.
When planning to request for permission for a possession order to be transferred to the High Court for enforcement (excluding cases such as mortgage repossession cases and cases against trespassers, the landlord in Shrewsbury, Oakengates-Donnington, or Telford is required to provide the current inhabitants of the property with a notice of application.
The High Court won't grant the permission without proof that every tenant in Shropshire is notified of the notice.
The order may be served in any format considering that there aren't specific requirements in Shropshire.
The details of the case determined the duration of notice that is sufficient.
Once a tenant in Shropshire already knows that there has been a transfer of the order to the High Court, a notice such as a reminder of the stipulations in the court order and a request that the tenant leaves the property may be regarded as sufficient.
Failure to provide enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Shropshire.
Some HCEOs in Shropshire may not follow the correct procedure and they apply straight to the high court to take over a suit or use Form N293A to circumvent the proper process and can apply directly to the High Court to take over a matter and were misusing Form N293A.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
Generally, possession order enforcement in Shropshire is quicker via HCEO as opposed to county court bailiffs.
HCEO can execute a writ of possession within a few days after the expiry of the notice of the landlord's application to the High Court or when the possession writ is provided in Shrewsbury, Telford, or Oakengates-Donnington.
There is no provision for a HCEO to inform tenants in Shropshire in advance of their visit when they will execute the possession document, although it is common practice for them to drop the letter and return one or two days later.
The HCEO must give a tenant or creditor a seven day's prior notice when seeking to seize money or goods such as hearing costs and rent arrears and when seeking to repossess a property in Shropshire.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Shropshire.
You will need to complete form N244 during your application to high court.
If the court grants either the stay or set aside the application, the tenant in Shropshire should inform the HCEO who may not have the updated information.
Any other application, such as setting aside the original possession order, must be placed to the county court in Shropshire.
HCEOs in Shropshire are commercial agencies commissioned by the High Court and not employees of the court.
The HCEO's directory consists of the names of enforcement officers in England and Wales, who are authorized by the High court for the execution of the writs.
All enforcement officers of the high court need to adhere to the practice code.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Shropshire unless the Court orders otherwise.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Shropshire when seizing tenant goods.
The protocols include:
Enter residential property in Shropshire before 6 am or after 9 pm unless the Court has authorised them
Enter if a child under the age of 16 is the only person present in Shropshire
Take goods such as the washing machine, fridge, or cooker
Based in Shropshire, working nationwide
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