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The landlord in Warrington can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
HCEOs in Warrington are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
The High Court can enforce a notice of possession in Runcorn, Golborne, or Altrincham if:
The possession hearing was in the high court in Cheshire as this is rare because the possession order is typically moved to the county court when a landlord in Warrington seeks it, but it can take place in the High Court under exceptional circumstances such as factual disagreements or disagreements on law.
When the Warrington landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
The transfer of enforcement in Altrincham, Runcorn, or Golborne to the high court is determined by the judge of the county court.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Warrington to move the order of possession for enforcement in high court.
Following acquisition of the order, the leaseholder in Warrington may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
A land owner cannot apply for a transfer if the tenant in Warrington has a pending application, for instance, an appeal against the notice of possession.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Altrincham, Runcorn, or Golborne.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Warrington - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in Cheshire can only be enforced by the County Court.
A Warrington landlord can apply for transfer of the possession order to a High Court for the following reasons:
The enforcement process in Warrington is often quicker with the HCEO's than with a county court
Loss of rental income because of delay in enforcement through the Cheshire county court bailiffs
Avoid further property damage in Warrington and any antisocial behaviour of the tenants
The HCEO can impose the order of custody and seize the products in Warrington 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.
The tenant can oppose an application to transfer enforcement in Warrington to the High Court because the costs of using a HCEO are greater than the Cheshire county court bailiffs and the speed of eviction is fast in this case.
The reasons for the tenant might include:
The property owner in Warrington has availed evidence that there will be a significant delay using the county court bailiffs
The prices are excessive and/or disproportionate
To locate somewhere else to stay in Runcorn, Altrincham, or Golborne until relocation, he / she need extra time
Specific circumstances of the tenant, such as whether or not he/she has substantial rent arrears or children; will often be relevant factors that the court in Warrington will consider.
If the landlord's request to transfer the possession order to the High Court is granted by the Cheshire county court, the landlord would then have to obtain the permission of the High Court ahead of the issuance of the writ of eviction, except in:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in Warrington.
When planning to request for permission for a possession order to be transferred to the High Court for enforcement (excluding cases such as mortgage repossession cases and cases against trespassers, the landlord in Runcorn, Golborne, or Altrincham is required to provide the current inhabitants of the property with a notice of application.
The High Court will not award approval except each tenant in Warrington has such notice as the Court feels is enough.
There is no particular method for sending the notice to those in Cheshire.
The facts of the case will depend on what is enough notice.
If there is just one tenant in the Warrington property, who is already aware of the case being transferred, then a simple reminder by the landlord of the guidelines from the court order and a demand that the property is to be given up is more than enough.
The Writ of Possession can be set aside after execution in Warrington if the landlord fails to provide the necessary details where the pending appeals against the possession order are concerned or doesn't give enough notice.
Some HCEOs in Cheshire apply directly to the High Court to take over the matter in the struggle of circumventing the correct procedure. It can be carried out under section 41 of the County Court Act 1984.
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.
Like we said earlier, Enforcement of a possession order in Warrington is quicker through HCEOs than the county court bailiffs.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in Golborne, Altrincham, or Runcorn.
A HCEO does not have to give tenants any notice in advance before their visit in Warrington to execute the writ of possession because there is no requirement for that, however, some HCEOs usually send the writ one or two days before visiting the premises.
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 Warrington.
The High Court in Cheshire can set aside or stay a writ of control or a writ of possession application.
The N244 form should be used to make applications to the High Court.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Warrington will inform the HCEO of this fact as the High Court may not have informed the HCEO.
However, another application such as to set aside the original permission order needs to be made to the County Court in Cheshire.
HCEOs in Warrington are commercial agencies commissioned by the High Court and not employees of the court.
The names of authorized HCEOs in Wales and England permitted to carry out an execution of High Court writs are contained in the HCEO directory.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Warrington.
Regulations govern the action of HCEOs and all other bailiffs in Warrington while seizing goods with the effect from 6 April 2014.
According to these regulations the HCEO must not:
Enter a residential property in Cheshire before 6:00 a.m. and after 9:00 p.m. without the court authorization
Entering a property in Warrington with an under 16 person the only person in the property
Carry important household goods such as a microwave, refrigerator or laundry
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