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A possession order can be forced by asking for a possession warrant from the county court and landlords in Swansea can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
The HCEOs in Swansea are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
The high court has the authority to impose the order of possession in Swansea/Abertawe, Llanelli, or Neath Abbey if:
The hearing of possession occurred within the High Court in West Glamorgan, this is bizarre, because if a landlord in Swansea does apply for a possession notice in the High Court, it would usually get transferred to the county court, and it would only stay there if there are unusual situations involved within the order.
The landlord in Swansea wants to have the possession order transferred to the High Court for enforcement.
It is at the discretion of the county court judge to approve the transfer of enforcement in Llanelli, Swansea/Abertawe, or Neath Abbey to the High Court or not.
A landlord in Swansea can apply for transfer during the proceedings of a possession order in County Court as he can request for transfer of it to the High court for enforcement.
The Swansea landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
Where there are any outstanding tenant requests in Swansea, for example, a possession order appeal, the transfer request cannot be made.
Or if the tenant has rent arrears, when coupled together with court costs come to more than £600, a landlord can apply to get a writ of control which will enable them to recoup any debited money in Llanelli, Neath Abbey, or Swansea/Abertawe.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Swansea.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in West Glamorgan is the one mandated with the enforcement of CCA regulated agreement.
There are several reasons as to why the Swansea landlord may request for transfer of order for enforcement in the high court and they are:
Implementation in Swansea by HCEOs is usually faster than by county court bailiffs
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in West Glamorgan
Avoid further property damage in Swansea and any antisocial behaviour of the tenants
The HCEO can impose the order of custody and seize the products in Swansea if the money is due
The interest on judgement debt for arrears, which is currently at the rate of 8%, will accumulate right from the transfer of the order.
A tenant may object the transfer of application of enforcement in Swansea to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in West Glamorgan.
The reasons include but not limited to:
The landlord in Swansea hasn't provided proper evidence that a delay will result from using county court bailiffs
The payment involved in the process varies
Extra time is needed by the tenant to find some other place to live in Neath Abbey, Llanelli, or Swansea/Abertawe after eviction
Significant pending dues or children are also among these factors that will be under the Swansea court's consideration regarding the tenant's specific condition.
The landlord must obtain permission from the High Court before the writ of possession is issued if the landlord's application to transfer possession order is granted by the West Glamorgan county court, except in:
Similarly, you can continue with a breach of possession order without having to worry about the writ of possession and this also applies to the suspended possession order in Swansea.
If permission is sought in the High Court to enforce a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Swansea/Abertawe, Neath Abbey, or Llanelli must notify every person in real possession of the property of the application.
The High Court, therefore, cannot give permission until every person in Swansea involved with the possession order has received the notice sufficiently.
The order may be served in any format considering that there aren't specific requirements in West Glamorgan.
The time period of the notice will be determined on the cases facts.
In the case of a sole tenant in Swansea, the landlord can send a reminder of the terms of the court if the tenant is already notified about the case being transferred to the High court.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Swansea.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in West Glamorgan.
The Senior Master of the High Court (Queens Bench Division) gave out a practice not on the 21st March 2016 to stop the carelessness.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in Swansea rather than 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 Neath Abbey, Swansea/Abertawe, or Llanelli.
There is no need to give notice to the tenants in Swansea about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in Swansea and seizing goods and payment in form of court costs and owed rent.
The high court in West Glamorgan has the authority to either set aside or to stay the writ of possession or writ of control.
High Court Applications should be made on form N244.
If granted is the set aside or stay, it is important where possible, the tenant in Swansea informs the HCEO, from the HCEO the High Court may not have kept the truth.
To set aside the possession order that was original, all the applications must be made to the county court in West Glamorgan.
HCEOs in Swansea are commercial agencies commissioned by the High Court and not employees of the court.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
All enforcement officers in high court should adhere to the code of service.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Swansea, unless it is ordered by the court.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in Swansea came out.
The protocols include:
Go inside a premise of residence in West Glamorgan before 06:00 or after 21:00, unless the court has ordered it
Enter if a child under the age of 16 is the only person present in Swansea
Take the fridge, cooker, washing machine, or some other essential household items
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