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Having the county court issue a warrant of possession is an alternative to enforcing a possession order and the landlord in St Helens needs to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in St Helens.
A possession warrant may be imposed in Billinge, Haydock, or Prescot by the High Court if:
High Court in Merseyside has scheduled a hearing for possession order, but it is generally not observed as a landlord in St Helens's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
If the owner of the property in St Helens appeals the transfer of possession order from county to high court for HCEO implementation.
The County Court judge can decide to allow the transfer of enforcement in Prescot, Billinge, or Haydock or not, that's at the judge's discretion.
In the course of hearings in county court for possession, the appeal can be made by the landlord in St Helens to move the order of possession for enforcement in high court.
After a possession order has been served, the St Helens property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
You cannot make an application when there is an outstanding appeal from the tenant in St Helens, like an application to close the possession order.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Billinge, Prescot, or Haydock, and if courts cost in addition to rents owed is more than £600.
With a writ of control, the tenant's goods can be seized and sold in St Helens, this is otherwise known as the writ of fi fa or writ of fiery facias.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only Merseyside County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
A St Helens landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
The enforcements in St Helens get quicker through HCEOs as compared with the bailiffs of County Court
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in Merseyside
Further damage to the St Helens property and anti-social behaviours are prevented
The HCEO can both carry out the order and apprehend possessions in St Helens, when money is owed to the landlord
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
As the eviction speed increases in St Helens and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Merseyside, a tenant may want to object an application for transfer to the High Court of the enforcement.
The tenant may cite the following reasons:
The landlord in St Helens may have no proof that using the county court bailiff would delay the case
The prices are excessive and/or disproportionate
The tenant may require more time to look for a new play to live in Prescot, Haydock, or Billinge before eviction takes place
The decision of the St Helens court to oppose the transfer of order will be influenced by several factors that affect the tenant such as if the tenant has children or has significant rent arrears.
If the Merseyside county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except in:
If there is a possession order violation like suspended possession order which may include non-payment of money in St Helens, then the issuance of a writ of possession does not require permission.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Prescot, Billinge, or Haydock 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.
Unless every occupant in St Helens is given the notice that the Court decides is enough, the High Court must not grant permission.
There can be many forms of giving a notice as no particular requirement is mentioned in Merseyside.
The facts of the case will help with determining the sufficient notice.
In another scenario, if in case only a sole tenant in St Helens was being aware of the case transfer to the High Court, the reminder from the landlord including terms of the court order could be enough as a notice.
The writ of possession may be annulled even after it has been enforced in St Helens, in cases where the landlord fails to provide enough notice, or when information about appeals against the possession hearings or pending application is withheld from the court.
The note came on the heels of the individualized activities of HCEOs in Merseyside, such as the inappropriate use of Form N293A against tenants and not trespassers, and the direct application to the High Court to take over the case on the premise of Section 41 of the County Court Act 1984.
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
HCEOs usually enforce a possession order in St Helens faster than county court bailiffs.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in Prescot, Haydock, or Billinge.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in St Helens although it is common practice for them to drop off the writ and return a day or two later.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in St Helens, they are bound to give a seven day notice to tenant.
The High Court in Merseyside has the mandate to set aside or delay a possession writ, or control writ.
Applications to the High Court are made through from N244.
So, it is the responsibility of the tenant in St Helens to inform HCEO if the stay is set aside or issued as the High court may not inform them.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the Merseyside county court.
The High Court authorizes the HCEOs as commercial agencies in St Helens, thus, they are not on the court's payroll.
The names of authorized HCEOs in Wales and England permitted to carry out an execution of High Court writs are contained in the HCEO directory.
HCEOs commit to a code of practice.
They can't execute a writ of possession on some special days such as Good Friday, on a Sunday, or on Christmas day in St Helens without an expressed authorization by the court.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in St Helens came out.
According to these regulations HCEO is not allowed to:
The HCEO mustn't enter a residential property in Merseyside before 6 am, or after 9 pm, without authorization from the court
Enter the St Helens property if there is only a child present who is aged under 16
Take key household goods such as washing machine, fridge or cooker
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