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If a landlord in Sutton Coldfield doesn't want to issue a warrant for possession order, the landlord may apply for the transfer of the order to the High Court, then, the High Court Enforcement Officer (HCEO) will enforce the order.
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Sutton Coldfield.
High Court can enforce the possession order in Wishaw, Curdworth, or Sutton Coldfield if:
The hearing for the possession order was in the High Court in West Midlands as a hearing a possession order in the High court is abnormal because, if a Sutton Coldfield landlord sues for a possession order in the High Court, the case is transferred to the county court except there are particular circumstances, like complex disputes of fact or vital points of law.
The landlord in Sutton Coldfield shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
The decision to permit the transfer of enforcement in Sutton Coldfield, Curdworth, or Wishaw to the High Court is solely taken by the county court judge.
The landlord in Sutton Coldfield can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
If the Sutton Coldfield landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
An application for transfer cannot be made if there are any pending applications from the tenant in Sutton Coldfield, for example, an appeal against the possession order.
However, in order to recover the pending rents a writ of control can be filed by the landlord in Wishaw, Curdworth, or Sutton Coldfield, and this can be done if court costs and rent arrears exceed £600.
Tenants' goods can be seized and sold in Sutton Coldfield under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in West Midlands is the one mandated with the enforcement of CCA regulated agreement.
There are various grounds for a land owner in Sutton Coldfield to apply for the order transfer for implementation in high court, such as:
The enforcement process is quicker in Sutton Coldfield through the HCEO than the county court bailiffs
The slow process of execution by bailiffs of county courts in West Midlands results in losses for landlords due to unpaid rent
Avoid further property damage in Sutton Coldfield and any antisocial behaviour of the tenants
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Sutton Coldfield too
An interest rate of 8% will be accrued for judgement debt arrears from the start of the order transfer.
Not only is it more expensive to use a HCEO, eviction in Sutton Coldfield is also faster with HCEOs as compared to county court bailiffs in West Midlands, tenants may counter an application for a transfer to the High Court for enforcement.
This may be because:
Landlord's failure to provide evidence that there will be problems while using the county court bailiffs in Sutton Coldfield
The costs involved are too high
He/she needs the excess time to find somewhere else to stay in Curdworth, Wishaw, or Sutton Coldfield before being evicted
The court in Sutton Coldfield can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
If the county court in West Midlands grants the application of the landlord to transfer order, the landlord will have to get high court permission before a writ of possession is served except in:
Furthermore, the permission required before serving warrant of possession is not necessary when there is a violation of order of possession including suspension orders in which violation includes non payment of money in Sutton Coldfield.
When permission is sought from the High Court, it is liable for the landlord in Wishaw, Sutton Coldfield, or Curdworth 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.
High Court is not allowed to permit until every tenant in Sutton Coldfield is given the notice that is deemed sufficient enough.
The notice can be given in any form in West Midlands since there are no specific requirements.
The facts of the case will help with determining the sufficient notice.
If the property has one sole tenant in Sutton Coldfield who is aware of the case being in the High Court, a possession request and reminder of the court order's terms are enough notice.
If satisfactory notice is not provided by the landlord or he provides the court with insufficient information about the pending appeals or applications against hearings of possession, then the warrant of possession will get invalid even after execution in Sutton Coldfield.
There are cases where various HCEOs in West Midlands trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
Enforcement of a possession order in Sutton Coldfield is normally faster through HCEO as compared to the county court bailiffs.
The HCEO can execute the writ of possession right after a few days of expiry of the notice of the landlord's application for permission to the High court, or when the writ of possession is issued in Sutton Coldfield, Curdworth, or Wishaw.
There is no provision for a HCEO to inform tenants in Sutton Coldfield 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.
However, the HCEO needs to give a seven days' notice to the tenant where they need to seize goods and money while recovering possession of the property in Sutton Coldfield.
The High Court in West Midlands can set aside or stay a writ of control or a writ of possession application.
High Court Applications should be made on form N244.
If the tenant in Sutton Coldfield is able to obtain the stay or set aside, he should notify the HCEO about the updated status as they may not be timely notified.
To set aside the possession order that was original, all the applications must be made to the county court in West Midlands.
HCEOs in Sutton Coldfield are commercial agencies commissioned by the High Court and not 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.
High Court enforcement officers practice a code of conduct.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Sutton Coldfield - only if ordered by the court.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Sutton Coldfield when seizing tenant goods.
The regulations include the requirements not to be met by the HCEO:
Go inside the West Midlands residential premises earlier than 6 am or past 9 pm unless the court orders that
Entering in the Sutton Coldfield property when only a kid of less than 16 years of age is present inside
Take household goods such as fridge, cooker, washing machine, and many more
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