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Another method for implementation of order of possession is requesting possession warrant from the county court and then the landlord in Walsall will be able to apply for the order to move in high court where it can be implemented by enforcement officer of the high court (HCEO).
HCEOs in Walsall are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
High court may impose a possession order in Bloxwich, Walsall, or Aldridge in 2 ways:
The possession proceeding was held in the High Court in West Midlands, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Walsall requests for a notice of possession in the High Court, it is usually transferred to the county court.
When the Walsall property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
The regional court has the jurisdiction to determine whether or not to move enforcement in Bloxwich, Walsall, or Aldridge to high court.
A landlord in Walsall 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.
Upon securing a possession warrant, the owner in Walsall will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Walsall tenant, such as an appeal against the possession order.
The landlord could ask for a writ of control to recover the money owed in arrears by the tenant if together with court costs it is more than £600 in Walsall, Bloxwich, or Aldridge.
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 Walsall.
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 West Midlands.
A Walsall landlord can apply for transfer of the possession order to a High Court for the following reasons:
HCEOs enforcements in Walsall are faster than enforcement by bailiffs of the county court
West Midlands County court bailiffs may indirectly cause a reduction in rental income since their enforcement takes a longer time
Prevention of more damage to the property and/or behaviour that is not social in Walsall
The HCEO can both carry out the order and apprehend possessions in Walsall, when money is owed to the landlord
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
The renter may decide to challenge the request to transfer enforcement in Walsall to high court considering that eviction is quicker and hiring an HCEO is costly compared to the West Midlands county court bailiff.
The reasons for the tenant might include:
The landlord in Walsall has not given any proof of delays in case of usage of bailiffs from county courts
The costs are higher than expected
The tenant needs extra time to find somewhere else to live in Walsall, Bloxwich, or Aldridge
The tenant needs to highlight the relevant factors the court in Walsall can take into consideration such as having significant arrears or having kids.
If the application of the landlord to switch is given the green light by the West Midlands county court, then, before having a writ of possession issued, the landlord needs to get permission from the High Court first, except in these circumstances:
The landlord may not need permission for the issue of a writ of possession in case of the possession order breach, and it is also not required in case of a possession order that is suspended where the breach is in money non-payment in Walsall.
When a landlord in Bloxwich, Aldridge, or Walsall 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.
Unless every occupant in Walsall is given the notice that the Court decides is enough, the High Court must not grant permission.
There are no laid down rules for providing the notice in West Midlands.
So, enough notice depends on each individual case facts.
In the case of a sole tenant in Walsall who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession could be sufficient notification.
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 Walsall.
The several incidents of HCEOs in West Midlands trying to divert from the specified process by giving a direct application and taking charge of matter with the wrong usage of section 41 or N293A which is in opposition to tenants rather than trespassers.
On 21 March 2016, a practice note was issued by the Senior Master of the High Court in order to ensure that these malpractices stop.
It is a known fact that the process is speedier in Walsall with the HCEOs of the High court than the bailiffs of County court.
A HCEO can execute a writ of possession in just a few days after the landlord's notice of application for permission has expired or of the issue of writ of possession in Bloxwich, Walsall, or Aldridge.
There is no provision for a HCEO to inform tenants in Walsall 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.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Walsall, a seven-day notice must be issued to the tenant / creditor.
Any writ of possession orders can be set aside or kept with the High Court in West Midlands.
All applications to the High Court must be made on form N244.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Walsall will inform the HCEO of this fact as the High Court may not have informed the HCEO.
Other applications aside from this, such as setting aside the original possession order must be directed to the West Midlands County Court.
HCEOs in Walsall are commercial agencies commissioned by the High Court and not employees of the court.
The HCEO's directory consists of the names of enforcement officers in England and Wales, who are authorized by the High court for the execution of the 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 Walsall, unless it is ordered by the court.
Regulations govern the activities of HCEOs and all other bailiffs in Walsall with effect from 6 April 2014.
The laws require that an HCEO should not:
Go inside a premise of residence in West Midlands before 06:00 or after 21:00, unless the court has ordered it
Enter if the only person present in the house in Walsall is a child under the age of 16
Take the fridge, cooker, washing machine, or some other essential household items
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