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One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in West Sussex can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in West Sussex.
The High Court can enforce the possession order in Littlehampton, Worthing, or Bognor Regis on different conditions, such as:
If the possession hearing was conducted within high court in West Sussex as this however, is very rare as the possession order application by the landlord in West Sussex moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
When the West Sussex 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 Littlehampton, Bognor Regis, or Worthing to the high court or not.
At the hearings of possession in the regional court, the owner of property in West Sussex may request for the order of possession be transferred to high court to be implemented starting from there.
The West Sussex 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.
The transfer application is not possible to make when an outstanding application is also present by the tenant in West Sussex, for instance, if tenant has appealed against possession order.
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 Littlehampton, Bognor Regis, or Worthing.
Formerly and still popularly referred to as a writ of Fieri facias or writ of fi fa, a writ of control allows the tenant/debtors belongings to be seized or sold in West Sussex.
Agreements regulated by the CCA cannot be enforced outside the West Sussex county court, so if the debt is guided by the 1994 CCA (Consumer Credit Act), it is impossible to transfer enforcement to the High Court.
The reasons that may lead to a landlord in West Sussex asking for a transfer of the order to the High Court for enforcement include that:
The execution in West Sussex through HCEOs is quick than the bailiffs of county courts
Rental income losses caused by delays in enforcement through the bailiffs of the county court in West Sussex
Reduce the chances of further damage to the property or any other anti-social behaviour in West Sussex
When the tenant owes money, the HCEO will enforce the order of possession and take goods in West Sussex too
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
The tenant can oppose the application to move enforcement in West Sussex to the high court because the eviction is much faster and the costs of hiring a HCEO are higher than that of a county court bailiff in West Sussex.
The tenant's reasons could include that:
Insufficient evidence by the landlord in West Sussex that the Count Court bailiffs will slow down the process
The involved cost are unbalanced
They need extra time to find a place before eviction in Worthing, Littlehampton, or Bognor Regis
The decision of the West Sussex 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.
After the West Sussex county court approves a landlord's transfer application, the landlord is required to request for permission from the High Court for the issue of a writ of possession can be obtained, except in cases such as:
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 West Sussex.
When the landlord in Worthing, Bognor Regis, or Littlehampton ask for leave to enforce a possession order in the High Court (except in actions against trespassers and cases of mortgage repossession), the landlord must give notice of this application to 'all persons in actual possession' of the property.
The landlord must also give sufficient notice to the West Sussex tenants to ensure they are aware of the transfer of the possession order to the High Court.
The notice can be given in any form as there is no specific requirement for it in West Sussex.
The facts of the case will depend on what is enough notice.
In another scenario, if in case only a sole tenant in West Sussex was being aware of the case transfer to the High Court, the reminder from the landlord including terms of the court order could be enough as a notice.
The writ of possession may be annulled even after it has been enforced in West Sussex, in cases where the landlord fails to provide enough notice, or when information about appeals against the possession hearings or pending application is withheld from the court.
Many HCEOs in West Sussex 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).
The Senior Master of the High Court (Queens Bench Division) gave out a practice not on the 21st March 2016 to stop the carelessness.
Like we said earlier, Enforcement of a possession order in West Sussex is quicker through HCEOs than the county court bailiffs.
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 Bognor Regis, Littlehampton, or Worthing.
HCEO does not need any requirement to notify the tenants in West Sussex in advance of their visit and the time they will execute the writ of possession, although it is common practice to drop off the writ and return a few days later.
Where a HCEO is planning to seize good and money as well as repossess the property in West Sussex, they must prove the tenant /creditor with a 7 days' notice.
The High Court in West Sussex has the authority to stay or set aside a writ of possession.
Form N244 is used for these applications.
If the stay is issued or set aside, it is necessary that the respondent in West Sussex advises the HCEO of this aspect where appropriate, since the High Court may not have notified the HCEO.
If there is any other application, for example, setting aside the initial possession order, it must be made to a county court in West Sussex.
HCEOs in West Sussex aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
HCEOs commit to a code of practice.
They can't execute a writ of possession on some special days such as Good Friday, on a Sunday, or on Christmas day in West Sussex without an expressed authorization by the court.
Regulations govern the action of HCEOs and all other bailiffs in West Sussex while seizing goods with the effect from 6 April 2014.
According to these regulations HCEO is not allowed to:
Reach a residential property in West Sussex by 6 a.m. or 9 p.m., as approved by the judge
Entering a property in West Sussex with an under 16 person the only person in the property
Seize essential household items, such as washing machine and cooker
Based in West Sussex, working nationwide
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