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Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in Stafford can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
The HCEOs in Stafford are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
You can enforce possession order in Stafford, Little Haywood, or Hixon through the High Court when:
The hearing was held at the High Court in Staffordshire, this is unusual because if a landlord in Stafford applies in the High Court for a possession order, it will be transferred to the county court unless there are exceptional circumstances, such as complicated factual disputes or significant legal issues.
The property owner in Stafford applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
It is at the discretion of the county court judge to approve the transfer of enforcement in Hixon, Stafford, or Little Haywood to the High Court or not.
The Stafford landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
The Stafford landlord may seek to withdraw and transfer the enforcement even after obtaining the possession order at the county court, he would need to go back to the county court and apply to the High Court for enforcement.
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 Stafford.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Hixon, Stafford, or Little Haywood.
A control letter allows the landlord to seize the tenant or debtor's belongings in Stafford, and this was formerly known as 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 Staffordshire county court cannot transfer the possession order to the High Court for enforcement as the CCA regulates are enforceable in the county court.
There are various grounds for a land owner in Stafford to apply for the order transfer for implementation in high court, such as:
Implementation in Stafford by HCEOs is usually faster than by county court bailiffs
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in Staffordshire
Avoid further property damage in Stafford and any antisocial behaviour of the tenants
The HCEO is authorised to execute the possession order and seize possessions in Stafford in case cash is owed
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
As the eviction speed increases in Stafford and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Staffordshire, a tenant may want to object an application for transfer to the High Court of the enforcement.
The reasons why a tenant can do so are:
The landlord did not provide proof that the use of county court bailiffs in Stafford would be substantially affected
The costs involved are disproportionate
They need extra time to find a place before eviction in Stafford, Hixon, or Little Haywood
Extenuating circumstances such as children or rent arrears may play a major role in the court in Stafford when considered by the judge.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the Staffordshire county court, however, they won't need the permission in:
In addition, permission is not required for serving the writ of possession due to a breach of a possession order and this includes suspended orders where the breach contains lack of paying money in Stafford.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Little Haywood, Stafford, or Hixon will have to give notice of that application to every party in actual possession of the premises.
The landlord must also give sufficient notice to the Stafford tenants to ensure they are aware of the transfer of the possession order to the High Court.
Notice can be given in any way in Staffordshire as there are no rules for this.
The time period of the notice will be determined on the cases facts.
When dealing with just one tenant in Stafford who is aware of the transfer to the High Court, the landlord may just send a reminder, reminding the tenant of the court order and he should also remind the tenant to give up the possession.
The Writ of Possession can be set aside after execution in Stafford if the landlord fails to provide the necessary details where the pending appeals against the possession order are concerned or doesn't give enough notice.
Some HCEOs in Staffordshire apply directly to the High Court to take over the matter in the struggle of circumventing the correct procedure. It can be carried out under section 41 of the County Court Act 1984.
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
Compared to using county bailiffs, enforcing a possession order in Stafford by HCEOs is faster.
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 Hixon, Little Haywood, or Stafford.
The HCEO doesn't need to inform the tenants in Stafford about when they are going to execute the writ of possession, and the HCEOs usually drop off the writ return a day or two later.
In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Stafford, they must serve a 7-days notice to the leaseholder.
The High Court in Staffordshire has the right to keep or set aside a letter of possession or control.
Form N244 should be used when applying to the high Court.
If granted is the set aside or stay, it is important where possible, the tenant in Stafford informs the HCEO, from the HCEO the High Court may not have kept the truth.
Additional applications such as an annulment of the original order of possession must be submitted to the Staffordshire county court.
HCEO's in Stafford are not employed by court; however, they serve as business agencies mandated by high court.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
A code of practice is subscribed by HCEOs.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Stafford, unless in the situation where the court orders so.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Stafford are governed by some regulations.
The regulations include the requirements not to be met by the HCEO:
Go inside the residential property in Staffordshire before 6 am or after 9 pm, except the court approved it
Enter if the sole individual present in the Stafford property is a child aged under 16
Take goods such as the washing machine, fridge, or cooker
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