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The landlord in Solihull 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.
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Solihull.
The imposition of possession order through high court is possible in Solihull, Cheswick Green, or Dickens Heath by two methods:
When the possession hearing takes place in the West Midlands High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Solihull applies for it in the High Court, however, the hearing can take place in the High Court in some exceptional situations like important points of law or complicated disputes of fact.
The possession order can be transferred to the High Court for enforcement when the Solihull landlord applies for it in the county court.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Dickens Heath, Solihull, or Cheswick Green to the High Court.
During the proceedings of a possession order in the county court, the landlord in Solihull can plea enforcement to bed moved to the High Court.
If the Solihull landlord wishes to transfer the proceedings to the High Court after the possession order has been made, then they will be required to fill out an application to the county court to do so.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Solihull tenant, such as an appeal against the possession order.
If the total costs including the unpaid rent along with court expenses are over £600, the owner of the property can appeal for warrant of control for recovering the owed money in Solihull, Cheswick Green, or Dickens Heath.
The writ of control gives the authority in Solihull to seize and sell tenant/debtor's goods and it is commonly known as a writ of fi fa or writ of Fieri facias.
If the Consumer Credit Act 1974 (CCA) regulated the debt, it could not be transferred to the High Court, as CCA regulated agreements can only be enforced in the county court in West Midlands.
These are some reasons a landlord in Solihull could apply for a transfer to the High Court including:
The enforcement in Solihull is normally faster via the HCEOs compared to county court bailiffs
Delays in implementation by the West Midlands county court bailiffs could cause the landlord to lose rental income
Avoiding any further damage to the assets or antisocial behaviour in Solihull
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Solihull if the money is owed
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
A tenant may object the transfer of application of enforcement in Solihull to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in West Midlands.
This may be because:
The landlord has not given any proof that a delay will be caused if a county court bailiff is used in Solihull
The expenses in total are not proportionately divided
Extra time is needed by the tenant to find some other place to live in Dickens Heath, Cheswick Green, or Solihull after eviction
The Solihull court's decision about the order transference is affected by a number of factors, for instance, in case there are children with tenants or presence of notable rental arrears.
If County Court in West Midlands 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 there is a possession order violation like suspended possession order which may include non-payment of money in Solihull, then the issuance of a writ of possession does not require permission.
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 Solihull, Cheswick Green, or Dickens Heath is required to provide the current inhabitants of the property with a notice of application.
The High Court should not permit unless each tenant in Solihull is given such a notice as the Court considers enough.
In West Midlands, it is not required to give the notice in a specific form.
The satisfactory notice will vary according to the case facts.
If it involves a sole tenant in Solihull 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 satisfactory notice is not provided by the landlord or he provides the court with insufficient information about the pending appeals or applications against hearings of possession, then the warrant of possession will get invalid even after execution in Solihull.
Some HCEOs in West Midlands apply to the High Court directly to take over the case through Form N293A or Section 41, the County Court Act 1984, and they thus bypass the normal procedure.
On 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in Solihull rather than 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 Cheswick Green, Dickens Heath, or Solihull.
An HCEO is not compelled to inform tenants in Solihull before making a trip in order to implement the possession writ as no such provision is provided, but, in some cases, you may find some HCEOs sending the summons a day or 2 before a visit to the property.
On the other hand, a HCEO must provide the tenant/creditor with a seven days' notice in case they are looking for goods and money, like rent debts and expenses and regain the possession of the residence in Solihull.
Any writ of possession orders can be set aside or kept with the High Court in West Midlands.
Applications should be made on form N244.
If the staying or setting aside is acquired, it is vital where necessary, that the Solihull leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
The applicants must make any other application to the West Midlands county court, for instance, to set aside the original possession order.
High Court enforcement officers (HCEOs) in Solihull are commercial agencies which are not employees of High court however they are authorized by the high court.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
All enforcement officers of the high court need to adhere to the practice code.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Solihull, unless the court has stated otherwise.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Solihull with effect from 6 April 2014.
They must not:
Entering the residential property in West Midlands before 6 am or after 9 pm, unless with the court's authority
Enter if a child under the age of 16 is the only person present in Solihull
Take household goods such as fridge, cooker, washing machine, and many more
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