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A possession order can be forced by asking for a possession warrant from the county court and landlords in Warwickshire can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
These HCEOs are also known as Sheriffs, certificated bailiffs or enforcement agents in Warwickshire.
On order of possession can be imposed in Rugby, Nuneaton, or Royal Leamington Spa via the high court into two ways:
The hearing was held at the High Court in Warwickshire, this is unusual because if a landlord in Warwickshire applies in the High Court for a possession order, it will be transferred to the county court unless there are exceptional circumstances, such as complicated factual disputes or significant legal issues.
The landlord in Warwickshire makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Rugby, Nuneaton, or Royal Leamington Spa to the High Court.
A request of transferring the possession order to the High Court can be made to County Court during the procession order proceedings by the Warwickshire landlord.
The Warwickshire landlord may seek to withdraw and transfer the enforcement even after obtaining the possession order at the county court, he would need to go back to the county court and apply to the High Court for enforcement.
The application for transfer cannot be made if the Warwickshire tenant had made the appeal against the application of a landlord and they have strong points.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Nuneaton, Rugby, or Royal Leamington Spa and court fees that costs over £600.
A control letter allows the landlord to seize the tenant or debtor's belongings in Warwickshire, and this was formerly known as writ of Fieri facias or writ of fi fa.
If the debt is processed by the Consumer Credit Act 1974 (CCA), then it will not be permitted to get transferred to the High Court as CCA agreements that are regulated can only be enforced in the Warwickshire county court.
There are several reasons as to why the Warwickshire landlord may request for transfer of order for enforcement in the high court and they are:
Implementation in Warwickshire by HCEOs is usually faster than by county court bailiffs
Loss of income from the rental because of Warwickshire county court bailiff delays
Further damage to the Warwickshire property and anti-social behaviours are prevented
The HCEO can impose the order of custody and seize the products in Warwickshire if the money is due
An interest rate of 8% will be accrued for judgement debt arrears from the start of the order transfer.
Because the speed of eviction in Warwickshire is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Warwickshire county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The tenant may cite the following reasons:
Insufficient evidence by the landlord in Warwickshire that the Count Court bailiffs will slow down the process
The costs of transfer of the order are too much
The period of delay before eviction affords the tenant the opportunity to find another place to live in Nuneaton, Royal Leamington Spa, or Rugby
The decision of the Warwickshire court to oppose the transfer of order will be influenced by several factors that affect the tenant such as if the tenant has children or has significant rent arrears.
If the landlord's request to transfer the possession order to the High Court is granted by the Warwickshire 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:
You will also not require permission for the writ of possession to be issued for a breach, including a breach of possession order that is suspended or when the possession order breach is bills that are unpaid in Warwickshire.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Nuneaton, Royal Leamington Spa, or Rugby when they have applied for the permission to enforce a possession order in the High court.
The landlord will not be granted permission from the High Court unless notice is served to each Warwickshire tenant considered enough by the court.
There is no requirement to provide notice in any particular form in Warwickshire.
Details of the suit will decide if the order is sufficient.
In the event that a tenant in Warwickshire who had a case that had been transferred to the High Court was aware, a reminder from the property owner of the terms of the court order and a request that possession is considered to be sufficient notice.
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 Warwickshire.
Many HCEOs in Warwickshire have tried to circumvent the correct procedure by explicitly appealing to the High Court to take over the matter according to section 41 of the County Court Act 1984, or improperly utilizing Form N293A (i.e. rather than trespassers, against tenants).
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
Compared to using county bailiffs, enforcing a possession order in Warwickshire by HCEOs is faster.
It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in Rugby, Royal Leamington Spa, or Nuneaton.
A HCEO does not have to give tenants any notice in advance before their visit in Warwickshire 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.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Warwickshire, a seven-day notice must be issued to the tenant / creditor.
Only the High Court in Warwickshire has the power to stay or set aside a writ of possession, or writ of control.
The applicants can use the Form N244 to submit an application in the High Court.
If granted is the set aside or stay, it is important where possible, the tenant in Warwickshire informs the HCEO, from the HCEO the High Court may not have kept the truth.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a Warwickshire county court.
HCEOs in Warwickshire are commercial agencies certified by the High Court, they are 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.
A code of practice is subscribed by HCEOs.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Warwickshire until unless the court orders otherwise.
The actions of all other bailiffs and the HCEOs when goods are seized in Warwickshire are in effect from 6 April 2014.
Requirements state that the HCEO must not:
Reach a residential property in Warwickshire by 6 a.m. or 9 p.m., as approved by the judge
Enter if the sole individual present in the Warwickshire property is a child aged under 16
Take the fridge, cooker, washing machine, or some other essential household items
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