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Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in Widnes can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
HCEOs in Widnes are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
The High Court can enforce a notice of possession in Widnes, Allerton, or Hale Bank 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 Widnes seeks it, but it can take place in the High Court under exceptional circumstances such as factual disagreements or disagreements on law.
An application is submitted by the Widnes landlord to the county court requesting for the transfer of a possession order to the High Court so that it can be enforced by an HCEO.
Only the county court judge has the choice of transferring to the High Court for enforcement in Hale Bank, Allerton, or Widnes or not.
During the county court possession hearings, a landlord in Widnes can request that the possession order to be moved to the high court for enforcement.
Upon securing a possession warrant, the owner in Widnes 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 Widnes tenant, such as an appeal against the possession order.
The landlord can also apply for a writ of control if they need to recover the rent arrears and court costs of more than £600 in Widnes, Allerton, or Hale Bank.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Widnes - this was initially known as, and still referred to as, a writ of Fieri facias or writ of fi fa.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the Cheshire County Court can enforce agreements regulated by the CCA.
A Widnes landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
High Court Enforcement Officers can carry out the eviction in Widnes quicker than bailiffs of the county court
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in Cheshire
Reduce the chances of further damage to the property or any other anti-social behaviour in Widnes
The HCEO can both seize goods and enforce the possession order in Widnes when money is owed
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Widnes than the bailiffs of Cheshire County Court so, a tenant can oppose the application to transfer the possession order to the High court.
Some reasons the tenant may give include:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Widnes
The costs incurred are out of balance
He/she needs the excess time to find somewhere else to stay in Allerton, Hale Bank, or Widnes before being evicted
Significant pending dues or children are also among these factors that will be under the Widnes court's consideration regarding the tenant's specific condition.
It is a must for the landlord to get permission from the high court if he/she wants to transfer the application granted by the County court in Cheshire, apart from when:
Also, if there has been a violation of a possession order, permission may not be obtained before a writ of possession is issued, as well as in a suspended possession order where the violation includes failing to pay debts in Widnes.
When permission is sought in the High Court to enforce a possession order (i.e. except in actions against trespassers and cases of mortgage repossession), the property owner in Allerton, Hale Bank, or Widnes is to give notice of the application to 'every person in actual possession' of the property.
The High Court must not grant permission until each tenant in Widnes is given such notice as the Court considers sufficient.
The order may be served in any format considering that there aren't specific requirements in Cheshire.
Details of the suit will decide if the order is sufficient.
When dealing with just one tenant in Widnes who is aware of the transfer to the High Court, the landlord may just send a reminder, reminding the tenant of the court order and he should also remind the tenant to give up the possession.
Failure to provide sufficient notice means failure to provide enough information to the Court about pending applications or appeals against the proceedings, and this can lead to the writ of possession been set aside, even after its execution in Widnes.
There are cases where various HCEOs in Cheshire trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
On 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
HCEOs ensure faster enforcement of a possession order in Widnes than bailiffs in a County Court.
HCEO can execute a writ of possession within a few days after the expiry of the notice of the landlord's application to the High Court or when the possession writ is provided in Widnes, Hale Bank, or Allerton.
The HCEO doesn't need to inform the tenants in Widnes about when they are going to execute the writ of possession, and the HCEOs usually drop off the writ return a day or two later.
On the other hand, a HCEO must provide the tenant/creditor with a seven days' notice in case they are looking for goods and money, like rent debts and expenses and regain the possession of the residence in Widnes.
The Cheshire High court can stay or set aside a writ of control or writ of possession.
Form N244 should be used to send the stay or set aside applications to the High Court.
If the High Court later set aside the application for writ of possession, the Widnes tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
Any other application, such as setting aside the original possession order, must be placed to the county court in Cheshire.
HCEOs in Widnes are not employed by the courts they are licensed commercial agencies.
In Wales and England, the directory of HCEO's has names of all enforcement officers who are authorized to enforce high court writs.
HCEOs must conduct themselves to a code of practice.
Except stated otherwise by the court, a writ of possession cannot be enforced on Christmas Day, Good Friday, or on a Sunday in Widnes.
Regulations govern the activities of HCEOs and all other bailiffs in Widnes with effect from 6 April 2014.
The HCEOs are restricted from:
Enter residential property in Cheshire after 9 pm or before 6 am unless stated by the court
Enter the premises in Widnes if the only person inside is a kid aged below 16 years
Taking basic household stuff for instance refrigerator, cooker or washing machine
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