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When it comes to obtaining and enforcing a possession order, landlords in Stoke have many options to choose from and ideally, applying for the same via the county court has been popular, yet, there is another viable option - the High Court Writ of Eviction.
The HCEO is also known by other names in Stoke, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
On order of possession can be imposed in Leek, Crowborough, or Biddulph via the high court into two ways:
The possession hearing was in the high court in Staffordshire as this is rare because the possession order is typically moved to the county court when a landlord in Stoke seeks it, but it can take place in the High Court under exceptional circumstances such as factual disagreements or disagreements on law.
A landlord in Stoke needs to apply in a County Court for the transfer of possession order to the High Court, so the enforcement is implemented by an HCEO.
County court determines if the enforcement in Crowborough, Biddulph, or Leek can be transferred to high court.
The landlord in Stoke can make a request whilst the county court process is in order to be transferred to the enforcement of the High Court.
The Stoke landlord needs to make an application to the county court after obtaining the possession order and in this application, they request to transfer the order to the High Court for Enforcement.
If there are any applications made by the Stoke tenant, such as a possession order appeal against, an application for move cannot go through.
If court costs and rent arrears amounting to more than £600, then, the landlord may file for a writ of control to recover the amount in Leek, Biddulph, or Crowborough.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Stoke - this was initially known as, and still referred to as, a 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.
A Stoke landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
The enforcement process is quicker in Stoke through the HCEO than the county court bailiffs
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in Staffordshire
Stopping any property damage or behaviour that is anti-social in Stoke
The HCEO can both seize goods and enforce the possession order in Stoke when money is owed
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
A tenant may object the transfer of application of enforcement in Stoke to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in Staffordshire.
The tenant's reasons could include that:
The landlord has not given any proof that a delay will be caused if a county court bailiff is used in Stoke
The total expenses incurred aren't balanced
The period of delay before eviction affords the tenant the opportunity to find another place to live in Crowborough, Biddulph, or Leek
The Stoke court's decision to challenge the order transfer may be determined by a number of factors affecting the leaseholder including in the renter has a family or owes a considerable amount of rent arrears.
If the Staffordshire 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 Stoke, then the issuance of a writ of possession does not require permission.
When the landlord in Crowborough, Leek, or Biddulph 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 will not give permission unless every Stoke tenant is provided with the notice and the court considers it enough.
In Staffordshire, no notification in any particular form is required.
The details of the case determined the duration of notice that is sufficient.
If it is a sole tenant in Stoke who already knows that the case was in the high court, the Landlord can send them a reminder showing the terms of the court order and appeal that the tenant gives up possession of the rental property, is sufficient notice.
Failure to give adequate notice, or fail to give to court full information in regard to pending appeals or applications against the proceedings of possession, may result in the writ of possession being set aside, even after it is executed in Stoke.
The note came on the heels of the individualized activities of HCEOs in Staffordshire, 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.
On 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
Frequently, HCEO's enforcement of order of possession in Stoke is frequently faster than the county court agents.
HCEOs require few days to enforce warrant of possession if the application notice of permission expires or after issuance of warrant of possession in Crowborough, Biddulph, or Leek.
In most cases, they do not inform the tenants of their visit in Stoke and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
The HCEO must give the tenant a seven days' notice if they are seeking to seize money or goods, and recover possession of the property in Stoke.
High court in Staffordshire enjoys the powers to set aside or uphold possession or control writ.
The N244 form should be used to make applications to the High Court.
In case, if the stay or set aside is permitted then it is significant that HCEO should be informed by the Stoke tenant about this, as this is quite possible that HCEO has not been informed by the High Court.
Any other application must be made through the Staffordshire county court, for example, setting aside the possession order that was original.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Stoke backed by the High Court.
In Wales and England, the directory of HCEO's has names of all enforcement officers who are authorized to enforce high court writs.
HCEOs must conduct themselves to a code of practice.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Stoke unless the court orders otherwise.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Stoke.
These restrictions mean that HCEOs cannot:
Reach a residential property in Staffordshire by 6 a.m. or 9 p.m., as approved by the judge
Entering a property in Stoke with an under 16 person the only person in the property
Taking basic household stuff for instance refrigerator, cooker or washing machine
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