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For a Landlord in Southwark to possess a letter of the warrant, he/she has to apply the transfer order to the High court through the High Court Enforcement Officer (HCEO), and HCEO applies the relocation of a possession order of enforcement from the county court to the High court on behalf of a Landlord.
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Southwark.
You can enforce possession order in Bankside, Bermondsey, or Elephant and Castle through the High Court when:
The possession hearing was in the High Court in Greater London which is rare because if a landlord in Southwark 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 Southwark landowner writes to request the regional court to move the possession order to high court where it can be executed by a representative from high court.
The decision to permit the transfer of enforcement in Bankside, Elephant and Castle, or Bermondsey to the High Court is solely taken by the county court judge.
During the County Court possession proceedings, the landlord in Southwark can request for the transfer of the possession order to the High Court for enforcement.
After the possession order is acquired the landlord in Southwark will need to apply to the county court and request that the order to be moved to the high court for implementation.
A land owner cannot apply for a transfer if the tenant in Southwark has a pending application, for instance, an appeal against the notice of possession.
The landlord could ask for a writ of control to recover the money owed in arrears by the tenant if together with court costs it is more than £600 in Bankside, Bermondsey, or Elephant and Castle.
A writ of control allows the landlord in Southwark to seize and sell the tenants goods which is also known as a 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 Greater London county court.
There are various grounds for a land owner in Southwark to apply for the order transfer for implementation in high court, such as:
The enforcement in Southwark is normally faster via the HCEOs compared to county court bailiffs
Delay in enforcement via County Court bailiff in Greater London causes rental income loss
Prevention of further damage to the Southwark property and/or anti-social behaviour
The HCEO is authorised to execute the possession order and seize possessions in Southwark in case cash 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 level of eviction is quicker in Southwark but the expense of using a HCEO is greater than the county court bailiffs in Greater London, a plaintiff may want to respond to a proposal to shift compliance to the High Court.
The reasons for opposing the application may differ as:
The property owner in Southwark has availed evidence that there will be a significant delay using the county court bailiffs
The prices are excessive and/or disproportionate
She or he wishes for additional time to find another area to settle down in Bermondsey, Bankside, or Elephant and Castle prior to moving out
Often, the Southwark court will take into consideration some circumstances surrounding the tenant's situation, such as if there are any children involved or whether the tenant has good rent arrears.
If the Greater London county court awards the application from the property owner to transfer the possession order to the High Court, the landlord must apply for the consent of the High Court before the court issues the writ of possession, except for:
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 Southwark.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Bankside, Bermondsey, or Elephant and Castle must give notice application to 'every person in actual possession' of the property.
The High Court should not permit unless each tenant in Southwark is given such a notice as the Court considers enough.
The notice does not require any particular form in Greater London.
Enough notice will be decided upon the cases facts.
In the case of a sole occupant in Southwark that has had case in the High Court had acknowledged the notice, reminding them of the court order's terms and a request for possession is counted as enough notice.
Failing to provide good enough notice or failing to give the full details to the Court about current appeals or applications not in favour of the process, can waver the writ of possession process, even if it's been executed in Southwark.
The several incidents of HCEOs in Greater London 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.
The Senior Master of the High Court (Queens Bench Division) releases a practice note on 21 March 2016 to block these loopholes and stop the unfair practices.
The HCEOs can carry out enforcement of a possession order in Southwark faster than the 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 Elephant and Castle, Bermondsey, or Bankside.
There is no need to give notice to the tenants in Southwark about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
HCEO must give notice of seven days when seeking possession of the property in Southwark and to seize the goods or cost to recover the overdue rent.
The Greater London High Court can uphold or set aside a writ of possession, or writ of control.
Form N244 should be used when applying to the high Court.
However, if the stay or set aside is granted, the tenant in Southwark must inform the HCEO because the High Court may not have told them.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Greater London.
HCEOs in Southwark are commercially paid agencies given authority by the High Court and are not actual employees of the court.
The Register of High Court Compliance Officers comprises the lists of England and Wales enforcement officers approved to conduct writs from the High Court.
HCEOs must conduct themselves to a code of practice.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Southwark.
New regulations governing the actions of bailiffs in Southwark were released and made effective from April 6, 2014.
Under these regulations, HCEO has no right to:
Go inside a premise of residence in Greater London before 06:00 or after 21:00, unless the court has ordered it
Enter a Southwark residential property if the only person present at the time is below the age of 16
Take the fridge, cooker, washing machine, or some other essential household items
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