113 Sycamore Field
0800 246 1381
The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in South Yorkshire has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
HCEOs are also referred to in South Yorkshire as enforcement agents, certified bailiffs or Sheriffs.
A possession warrant may be imposed in Sheffield, Rotherham, or Barnsley by the High Court if:
Hearing in the High Court in South Yorkshire is only possible if the circumstances are dire, for example, the High Court will deal with the case if the dispute is having any exceptional circumstances, otherwise, the possession order applied for by the South Yorkshire landlord will be transferred to the County Court.
If the owner of the property in South Yorkshire appeals the transfer of possession order from county to high court for HCEO implementation.
The county court judge has to decide whether to allow the transfer of enforcement in Sheffield, Rotherham, or Barnsley to the High Court.
A landlord in South Yorkshire can apply for transfer during the proceedings of a possession order in County Court as he can request for transfer of it to the High court for enforcement.
The South Yorkshire landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
The landlord cannot apply for high court transfer in case of any outstanding application such as if the appeal against the possession order is filed by the tenant in South Yorkshire.
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 Sheffield, Barnsley, or Rotherham.
A control letter allows the landlord to seize the tenant or debtor's belongings in South Yorkshire, and this was formerly known as writ of Fieri facias or writ of fi fa.
If the debt is processed by the Consumer Credit Act 1974 (CCA), then it will not be permitted to get transferred to the High Court as CCA agreements that are regulated can only be enforced in the South Yorkshire county court.
There can be a number of reasons for which landlords in South Yorkshire can request the transference in high court for execution including the following:
HCEOs enforcements in South Yorkshire are faster than enforcement by bailiffs of the county court
Rental income losses caused by delays in enforcement through the bailiffs of the county court in South Yorkshire
It avoids additional anti-social activities or property destructions in South Yorkshire
When the tenant owes money, the HCEO will enforce the order of possession and take goods in South Yorkshire too
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in South Yorkshire is higher than the South Yorkshire county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
The tenant may cite the following reasons:
The landlord in South Yorkshire may have no proof that using the county court bailiff would delay the case
The costs involved are not proportionate
Extra time is needed by the tenant to find some other place to live in Rotherham, Barnsley, or Sheffield after eviction
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in South Yorkshire.
In case the order transference application made by the landlord is granted by the county court in South Yorkshire, he would also have to get permission from high court before serving warrant of possession except:
More so, consent is not needed for giving out order of possession because of violation of an order of possession and this involves hanging orders where violation entails lack of money to pay in South Yorkshire.
When the landlord in Sheffield, Rotherham, or Barnsley ask for leave to enforce a possession order in the High Court (except in actions against trespassers and cases of mortgage repossession), the landlord must give notice of this application to 'all persons in actual possession' of the property.
The High Court, therefore, cannot give permission until every person in South Yorkshire involved with the possession order has received the notice sufficiently.
There is no particular method for sending the notice to those in South Yorkshire.
Enough notice will be decided upon the cases facts.
In the case of a sole tenant in South Yorkshire, the landlord can send a reminder of the terms of the court if the tenant is already notified about the case being transferred to the High court.
If the landlord does not give adequate notice or fail to offer information that is complete to the Court about any pending appeals or applications against the proceedings for possession, this could cause the possession writ, even after its execution in South Yorkshire to be set aside.
There are cases where various HCEOs in South Yorkshire trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
Enforcement of a possession order in South Yorkshire is normally faster through HCEO as compared to the county court bailiffs.
An HCEO has the ability to implement a possession writ within some few days following expiry of the order application by the asset owner for consent or possession writ issuance in Rotherham, Sheffield, or Barnsley.
There is no provision for a HCEO to inform tenants in South Yorkshire 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.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the South Yorkshire property, a seven-day notice must be given to the tenant/creditor.
The South Yorkshire high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
All applications to the High Court must be made on form N244.
The tenant in South Yorkshire must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the South Yorkshire county court.
HCEOs in South Yorkshire are commercial agencies certified by the High Court, they are not employees of the court.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
The code of conduct governs the activities of HCEOs.
They can't execute a writ of possession on some special days such as Good Friday, on a Sunday, or on Christmas day in South Yorkshire without an expressed authorization by the court.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in South Yorkshire.
The regulations stipulate that:
The HCEO mustn't enter a residential property in South Yorkshire before 6 am, or after 9 pm, without authorization from the court
Enter if a child under the age of 16 is the only person present in South Yorkshire
Take goods such as the washing machine, fridge, or cooker
Based in South Yorkshire, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.