113 Sycamore Field
0800 246 1381
When it comes to obtaining and enforcing a possession order, landlords in Sutton 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.
In Sutton, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
On order of possession can be imposed in Carshalton, Bandonhill, or Hackbridge via the high court into two ways:
If the possession hearing was conducted within high court in Greater London as this however, is very rare as the possession order application by the landlord in Sutton moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
The Sutton 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 can decide to allow the transfer of enforcement in Hackbridge, Bandonhill, or Carshalton or not, that's at the judge's discretion.
During the County Court possession proceedings, the landlord in Sutton can request for the transfer of the possession order to the High Court for enforcement.
Once the landlord in Sutton obtains the possession order, he/she will be required to apply to the County Court for the transfer of it 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 Sutton.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Bandonhill, Hackbridge, or Carshalton, and if courts cost in addition to rents owed is more than £600.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Sutton - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
If the debt is governed by the 1974 Consumer Credit Act (CCA), it cannot be referred for compliance to the High Court as CCA controlled transactions can only be imposed in the county court in Greater London.
A Sutton landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
High Court Enforcement Officers can carry out the eviction in Sutton quicker than bailiffs of the county court
Loss of rental income because delays in enforcement through the county court bailiffs in Greater London
Prevention of more damage to the property and/or behaviour that is not social in Sutton
HCEOs have authority of execution of the possession order and also of seizing the goods in Sutton in case of money owned
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
The opposition from the tenant's side can be seen against the transference application because in high court, the eviction process in Sutton can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in Greater London.
The reasons why a tenant can do so are:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Sutton
The costs are higher than expected
Extra time is needed by the tenant to find some other place to live in Carshalton, Hackbridge, or Bandonhill after eviction
The Sutton court's decision about the order transference is affected by a number of factors, for instance, in case there are children with tenants or presence of notable rental arrears.
In case the landlord's application to transfer is accepted, by the Greater London county court, then the landlord needs to get high Court's consent before the assurance of the writ of possession unless if:
Also, if there has been a violation of a possession order, permission may not be obtained before a writ of possession is issued, as well as in a suspended possession order where the violation includes failing to pay debts in Sutton.
When a landlord in Carshalton, Hackbridge, or Bandonhill seeks permission from the High Court in order to enforce the possession order then every tenant (everyone in actual possession) must be served with the notice of application.
The High Court won't grant the permission without proof that every tenant in Sutton is notified of the notice.
In Greater London, no notification in any particular form is required.
So, enough notice depends on each individual case facts.
In the case of a sole occupant in Sutton that has had case in the High Court had acknowledged the notice, reminding them of the court order's terms and a request for possession is counted as 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.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Greater London by applying to High Court directly to take over the issue under section 41 of the County Court Act 1984 as well as by using form N293A in improper way.
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.
Generally, possession order enforcement in Sutton is quicker via HCEO as opposed to county court bailiffs.
An HCEO has the ability to implement a possession writ within some few days following expiry of the order application by the asset owner for consent or possession writ issuance in Carshalton, Bandonhill, or Hackbridge.
The HCEO doesn't need to inform the tenants in Sutton 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.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the Sutton property, a seven-day notice must be given to the tenant/creditor.
The Greater London high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
The N244 form should be used to make applications to the High Court.
If the High Court later set aside the application for writ of possession, the Sutton tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a Greater London county court.
HCEOs in Sutton are commercial firms authorised by the High Court, not employees of the court.
If you need to check the names of enforcement officers in England and Wales, there is a Directory of High Court Enforcement Officers who have been authorized to execute High Court writs.
HCEOs commit to a code of practice.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Sutton, unless courts decides otherwise.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Sutton.
The regulations have requirements that a HCEO must not:
Entering the residential property in Greater London before 6 am or after 9 pm, unless with the court's authority
Enter if a child under the age of 16 is the only person present in Sutton
Take the fridge, cooker, washing machine, or some other essential household items
Based in Sutton, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.