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Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in West Midlands can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in West Midlands.
High court may impose a possession order in Brierly Hill, Stourbridge, or Wolverhampton in 2 ways:
High Court in West Midlands has scheduled a hearing for possession order, but it is generally not observed as a landlord in West Midlands's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
When the West Midlands property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Wolverhampton, Brierly Hill, or Stourbridge to the high court or not.
During the county court possession proceedings, the landlord in West Midlands may request that the possession order, if made, be transferred for enforcement to the High Court.
The West Midlands landlord will need to apply to the county court requesting that the possession order be transferred to the High Court for enforcement purposes after a possession order has been obtained.
Application for transfer can't be made in case there is any outstanding application from a tenant in West Midlands, for example, an appeal against the order of possession.
If there are rent arrears and the arrears are in excess of £ 600 together with any court costs, the landlord may also apply for a writ of control to recover the money owed in Stourbridge, Brierly Hill, or Wolverhampton.
With a writ of control, the tenant's goods can be seized and sold in West Midlands, this is otherwise known as the writ of fi fa or writ of fiery facias.
However, the debt cannot be transferred to the High Court if the debt or rent arrears are regulated by the Consumer Act 1974 (CCA), that is because agreements regulated by the CCA can only be enforced in the West Midlands county court.
A West Midlands landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
Enforcement in West Midlands through the County Court bailiffs is slower than through the HCEOs
Loss in rental income by the West Midlands county court bailiffs due to delays in compliance
Avoiding any further damage to the assets or antisocial behaviour in West Midlands
HCEOs have authority of execution of the possession order and also of seizing the goods in West Midlands in case of money owned
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
Not only is it more expensive to use a HCEO, eviction in West Midlands is also faster with HCEOs as compared to county court bailiffs in West Midlands, tenants may counter an application for a transfer to the High Court for enforcement.
The reasons why a tenant can do so are:
The West Midlands property owner has not provided proof that there will be some delays when county court bailiffs are used
The total costs involved are not proportionate
To locate somewhere else to stay in Stourbridge, Brierly Hill, or Wolverhampton until relocation, he / she need extra time
Finally, the tenant's condition; if unpaid rent is substantial, and a tenant has children, will form relevant factors for the decision by the county court Judge in West Midlands.
If the landlord's request to transfer the possession order to the High Court is granted by the West Midlands 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:
Also, permission is not required for issuing a possession writ following a possession order infringement, including a possession order that is suspended, where the infringement involves non-payment of money in West Midlands.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Brierly Hill, Stourbridge, or Wolverhampton will have to give notice of that application to every party in actual possession of the premises.
High court may not consent until each leaseholder in West Midlands has been served with the order and it is satisfied.
There is no requirement to provide notice in any particular form in West Midlands.
So, enough notice depends on each individual case facts.
If the property has one sole tenant in West Midlands who is aware of the case being in the High Court, a possession request and reminder of the court order's terms are enough notice.
The Writ of Possession can be set aside after execution in West Midlands 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 West Midlands try to take over the matter under section 41 of the County Court Act 1984 by applying directly to the High Court or by inappropriately using Form N293A (i.e., against tenants instead of trespassers) to circumvent the correct procedure.
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in West Midlands rather than county court bailiffs.
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 Brierly Hill, Stourbridge, or Wolverhampton.
There is no law asking the HCEO to inform the tenants in West Midlands in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.
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 West Midlands.
Only the High Court in West Midlands has the power to stay or set aside a writ of possession, or writ of control.
Form N244 should be used when applying to the high Court.
If the court grants either the stay or set aside the application, the tenant in West Midlands should inform the HCEO who may not have the updated information.
Other applications aside from this, such as setting aside the original possession order must be directed to the West Midlands County Court.
The High Court authorizes the HCEOs as commercial agencies in West Midlands, thus, they are not on the court's payroll.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
A code of practice is subscribed by HCEOs.
A possession order may not be imposed during Christmas, Sundays or Good Friday in West Midlands unless court affirms.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in West Midlands.
The regulations stipulate that:
Go inside the West Midlands residential premises earlier than 6 am or past 9 pm unless the court orders that
Enter a West Midlands residential property if the only person present at the time is below the age of 16
Take key household goods such as washing machine, fridge or cooker
Based in West Midlands, working nationwide
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