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Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in Stockport is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
HCEOs are also referred to in Stockport as enforcement agents, certified bailiffs or Sheriffs.
The possession order from the High Court can occur in Wilmslow, Macclesfield, or Stockport through these means:
When the hearing of possession was in high court in Greater Manchester, as this is not common because if a landlord in Stockport makes an application for an order of possession in high court, it will be moved to county court unless there are special circumstances like complicated disputes.
The Stockport landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
The county court judge has to decide whether to allow the transfer of enforcement in Stockport, Macclesfield, or Wilmslow to the High Court.
The Stockport 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 Stockport landlord will need to apply to the county court requesting that the possession order be transferred to the High Court for enforcement purposes after a possession order has been obtained.
Where there are any outstanding tenant requests in Stockport, for example, a possession order appeal, the transfer request cannot be made.
However, in order to recover the pending rents a writ of control can be filed by the landlord in Macclesfield, Wilmslow, or Stockport, and this can be done if court costs and rent arrears exceed £600.
The control writ offers the power to grab and auction a debtor/renter's possessions in Stockport and is usually to as either fiery facias or fi fa writ.
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 Greater Manchester.
The reasons that may lead to a landlord in Stockport asking for a transfer of the order to the High Court for enforcement include that:
The enforcements in Stockport get quicker through HCEOs as compared with the bailiffs of County Court
The slow process of execution by bailiffs of county courts in Greater Manchester results in losses for landlords due to unpaid rent
Prevention of further damage to the property in Stockport or anti-social behaviour
The HCEO can impose the order of custody and seize the products in Stockport if the money is due
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
As the eviction speed increases in Stockport and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Greater Manchester, a tenant may want to object an application for transfer to the High Court of the enforcement.
The explanations for the lease might include:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Stockport
The payment involved in the process varies
They need extra time to find a place before eviction in Stockport, Wilmslow, or Macclesfield
The tenant needs to highlight the relevant factors the court in Stockport can take into consideration such as having significant arrears or having kids.
If the property owner's application to transfer is allowed by the Greater Manchester county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:
If there is a possession order violation like suspended possession order which may include non-payment of money in Stockport, then the issuance of a writ of possession does not require permission.
When permission is sought from the High Court, it is liable for the landlord in Macclesfield, Stockport, or Wilmslow to give notice of the application every person involved in actual possession of the property - except in the debt recovery or cases against the intruders.
If each tenant in Stockport isn't given the notice, the High Court shouldn't grant permission.
The order may be served in any format considering that there aren't specific requirements in Greater Manchester.
The facts of the case will determine whether the notice is enough.
If there is just one tenant in the Stockport property, who is already aware of the case being transferred, then a simple reminder by the landlord of the guidelines from the court order and a demand that the property is to be given up is more than enough.
If the landlord has failed to provide enough notice or does not provide complete information to the court regarding pending appeals against the possession proceedings then, he may face set a side of the writ of possession even after its execution in Stockport.
Some HCEOs in Greater Manchester tried to go around the procedure that is correct by submitting an application to the High Court directly to be in charge of the matter under section 41 of the County Court Act 1984, or by using Form N293A inappropriately (i.e. against tenants instead of trespassers).
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
It is a known fact that the process is speedier in Stockport with the HCEOs of the High court than the bailiffs of County court.
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 Wilmslow, Macclesfield, or Stockport.
There is no provision for a HCEO to inform tenants in Stockport 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.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Stockport property as well as the seizure of goods and money such as pending rents or any other costs.
High court in Greater Manchester enjoys the powers to set aside or uphold possession or control writ.
Applications should be submitted on Form N244 to the High Court.
In case the stay or set aside is obtained, it's important where applicable, that the Stockport tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
The applicants must make any other application to the Greater Manchester county court, for instance, to set aside the original possession order.
HCEOs in Stockport aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
All enforcement officers in England and Wales authorized by the High Court to execute writs are listed in the Directory of High Court Enforcement Officers.
A code of practice is subscribed by HCEOs.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Stockport, unless the court has stated otherwise.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Stockport with effect from 6 April 2014.
They must not:
Enter the Greater Manchester property before 6am or after 9pm unless when ordered by the court
Enter the Stockport premises if the only person available is a child under 16 years of age
Take essential household goods like washing machine, fridge or cooker
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