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A possession order can be forced by asking for a possession warrant from the county court and landlords in Worcester 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 Worcester.
A possession warrant may be imposed in Hallo, Bransford, or Norton by the High Court if:
If the possession hearing was conducted within high court in Worcestershire as this however, is very rare as the possession order application by the landlord in Worcester moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
The landlord in Worcester wants to have the possession order transferred to the High Court for enforcement.
County court determines if the enforcement in Hallo, Norton, or Bransford can be transferred to high court.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Worcester to move the order of possession for enforcement in high court.
If the Worcester landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
Where there are any outstanding tenant requests in Worcester, for example, a possession order appeal, the transfer request cannot be made.
If the total costs including the unpaid rent along with court expenses are over £600, the owner of the property can appeal for warrant of control for recovering the owed money in Hallo, Norton, or Bransford.
The control writ offers the power to grab and auction a debtor/renter's possessions in Worcester and is usually to as either fiery facias or fi fa writ.
Any debt that is controlled by the Consumer Credit Act (CCA), cannot be moved to the high court for execution because CCA regulated contracts can only be executed in the county court in Worcestershire.
There can be a number of reasons for which landlords in Worcester can request the transference in high court for execution including the following:
Enforcement in Worcester by HCEO is usually faster than the county court bailiff enforcement
Delays in implementation by the Worcestershire county court bailiffs could cause the landlord to lose rental income
Further damage to the Worcester property and anti-social behaviours are prevented
The HCEO can impose the order of custody and seize the products in Worcester if the money is due
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
A tenant may object the transfer of application of enforcement in Worcester to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in Worcestershire.
This may be because:
The landlord in Worcester did not prove that there will be colossal delay by using the county court bailiffs
The costs involved are disproportionate
The tenants need extra time to get an alternative housing arrangement in Norton, Hallo, or Bransford
The decision of the Worcester 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.
In case the county court in Worcestershire allows the owner to move the order to the high court, the owner may require obtaining consent from high court before serving the possession writ except during:
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 Worcester.
The moment an application to enforce a possession order has been sent to court, a property owner in Bransford, Hallo, or Norton should be ready to notify each party occupying the property regarding the order application.
Permission must not be granted by the High Court except each tenant in Worcester is provided with the notice in the timeframe that is deemed sufficient by the Court.
There is no specific requirement of notice to be served in a set form in Worcestershire.
However, it should be according to the facts of the case.
If it involves a sole tenant in Worcester who knew that the case had been moved to the high court, a reminder from the renter about the particulars of the order and a request to return possession is considered enough notice.
Failure to provide enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Worcester.
Some HCEOs in Worcestershire may not follow the correct procedure and they apply straight to the high court to take over a suit or use Form N293A to circumvent the proper process and can apply directly to the High Court to take over a matter and were misusing Form N293A.
On 21 March 2016, the court issued a practice note through the Senior Master of the High Court (Queens Bench Division) to stop these malpractices and illegal use of their powers.
Like we said earlier, Enforcement of a possession order in Worcester is quicker through HCEOs than the county court bailiffs.
Execution of a letter of possession by a HCEO may occur only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the question of the letter of possession is given in Bransford, Hallo, or Norton.
The common practice is to drop off the writ and return within a day or two, however, it is not a specific requirement by the HCEO to inform the tenants in Worcester in the advance of their visit for the execution of the possession order.
Where a HCEO is planning to seize good and money as well as repossess the property in Worcester, they must prove the tenant /creditor with a 7 days' notice.
The Worcestershire High Court reserves the right to stay or set aside a writ of control or a writ of possession.
High Court Applications should be made on form N244.
If the staying or setting aside is acquired, it is vital where necessary, that the Worcester leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Worcestershire.
The High Court authorizes the HCEOs as commercial agencies in Worcester, thus, they are not on the court's payroll.
The Register of High Court Compliance Officers comprises the lists of England and Wales enforcement officers approved to conduct writs from the High Court.
High Court enforcement officers practice a code of conduct.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Worcester, unless the court has stated otherwise.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Worcester are governed by some regulations.
Under these regulations, HCEO has no right to:
Go inside the residential property in Worcestershire before 6 am or after 9 pm, except the court approved it
Entering in the Worcester property when only a kid of less than 16 years of age is present inside
Take vital household goods like a cooker, fridge or washing machine
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