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Another method for implementation of order of possession is requesting possession warrant from the county court and then the landlord in Wigan will be able to apply for the order to move in high court where it can be implemented by enforcement officer of the high court (HCEO).
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in Wigan.
You can enforce possession order in Wigan, Skelmersdale, or Ashton-in-Makerfield through the High Court when:
The hearing for the possession order was in the High Court in Greater Manchester as a hearing a possession order in the High court is abnormal because, if a Wigan landlord sues for a possession order in the High Court, the case is transferred to the county court except there are particular circumstances, like complex disputes of fact or vital points of law.
If the Wigan landowner writes to request the regional court to move the possession order to high court where it can be executed by a representative from high court.
The regional court has the jurisdiction to determine whether or not to move enforcement in Skelmersdale, Wigan, or Ashton-in-Makerfield to high court.
During the county court possession proceedings, the landlord in Wigan may request that the possession order, if made, be transferred for enforcement to the High Court.
After a possession order has been served, the Wigan property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
A request for transfer may not be possible if there exists an outstanding request from a tenant in Wigan; e.g., petition against the possession order.
If there exists any unsettled rent and the total amount of arrears alongside court expenses are more than £600, the land owner may decide to apply for the control writ to get back the unpaid cash in Skelmersdale, Wigan, or Ashton-in-Makerfield.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Wigan.
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 Greater Manchester county court.
There are various grounds for a land owner in Wigan to apply for the order transfer for implementation in high court, such as:
Enforcement in Wigan by HCEO is usually faster than the county court bailiff enforcement
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in Greater Manchester
It avoids additional anti-social activities or property destructions in Wigan
The HCEO is authorised to execute the possession order and seize possessions in Wigan in case cash is owed
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
Because the speed of eviction in Wigan is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Greater Manchester county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The tenant's causes can be:
Insufficient evidence by the landlord in Wigan that the Count Court bailiffs will slow down the process
The costs of transfer of the order are too much
They need extra time to find a place before eviction in Wigan, Ashton-in-Makerfield, or Skelmersdale
Significant pending dues or children are also among these factors that will be under the Wigan 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 Greater Manchester, 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 Wigan.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Wigan, Ashton-in-Makerfield, or Skelmersdale when they have applied for the permission to enforce a possession order in the High court.
The permission from high court cannot be granted until every tenant in Wigan receives notification and court finds it satisfactory.
The notice does not require any particular form in Greater Manchester.
So, enough notice depends on each individual case facts.
In the event that a tenant in Wigan 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.
Failure to give adequate notice, or fail to give to court full information in regard to pending appeals or applications against the proceedings of possession, may result in the writ of possession being set aside, even after it is executed in Wigan.
Some HCEOs in Greater Manchester had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
On 21 March 2016, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
It is a known fact that the process is speedier in Wigan with the HCEOs of the High court than the bailiffs of County court.
A writ of possession can be executed by an HCEO a couple of days after the landlord's possession notice or issue of a possession of writ has expired or the possession writ is issued in Ashton-in-Makerfield, Wigan, or Skelmersdale.
The HCEO doesn't need to inform the tenants in Wigan 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 Wigan.
It is possible to obtain stay or invalidation of warrant of possession or control through the high courts in Greater Manchester.
Form N244 should be used to make an application to the High Court.
The tenant in Wigan must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Greater Manchester.
HCEOs in Wigan are actually not the court's employees rather they're from court authorized commercial companies.
The HCEO's directory consists of the names of enforcement officers in England and Wales, who are authorized by the High court for the execution of the writs.
A code of practice is subscribed by HCEOs.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Wigan unless the Court orders otherwise.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Wigan with effect from 6 April 2014.
These restrictions mean that HCEOs cannot:
Go inside a premise of residence in Greater Manchester before 06:00 or after 21:00, unless the court has ordered it
Enter the Wigan property if the person present is the child aged under 16
Take key household goods such as washing machine, fridge or cooker
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