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A possession order can be forced by asking for a possession warrant from the county court and landlords in Worcestershire can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
In Worcestershire, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
The High Court can enforce the possession order in Great Malvern, Redditch, or Kidderminster under the following conditions:
During Worcestershire high court possession hearing as the practice is uncommon considering that in case a leaseholder in Worcestershire applies for an ownership order in the court, it may be send to the regional court unless certain conditions such as complex disagreements are involved.
If the Worcestershire 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 County Court judge can decide to allow the transfer of enforcement in Great Malvern, Redditch, or Kidderminster or not, that's at the judge's discretion.
If the possession order is approved during the possession hearing at the county court, the Worcestershire landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.
If the Worcestershire 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.
If there are any applications made by the Worcestershire tenant, such as a possession order appeal against, an application for move cannot go through.
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 Great Malvern, Kidderminster, or Redditch.
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 Worcestershire.
Any arrears managed by CCA (Consumer Credit Act) cannot be transferred to high court so as to be implemented attributing to the fact that CCA controlled agreements may only be implemented within the Worcestershire county court.
If a landlord in Worcestershire is applying for possession order transfer to the High Court for enforcement, it may be because:
Enforcement in Worcestershire is normally faster through HCEOs than the bailiffs of the county court
Loss in rental income by the Worcestershire county court bailiffs due to delays in compliance
Stopping any property damage or behaviour that is anti-social in Worcestershire
The High court officer can seize goods in Worcestershire while enforcing the possession to recover money owed
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
Because the speed of eviction in Worcestershire is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Worcestershire county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The tenant could have the following reasons:
The property owner in Worcestershire has availed evidence that there will be a significant delay using the county court bailiffs
The total expenses incurred aren't balanced
S/he needs the extra time to find somewhere else to live in Kidderminster, Great Malvern, or Redditch before an eviction is endorsed
Significant pending dues or children are also among these factors that will be under the Worcestershire court's consideration regarding the tenant's specific condition.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the Worcestershire county court, however, they won't need the permission in:
If the possession order is breached, the writ of possession can be issued without permission, and the breach may include the suspension of a possession order, especially when rent arrears are a part of the breach in Worcestershire.
When permission is sought from the High Court, it is liable for the landlord in Kidderminster, Redditch, or Great Malvern to give notice of the application every person involved in actual possession of the property - except in the debt recovery or cases against the intruders.
The permission from high court cannot be granted until every tenant in Worcestershire receives notification and court finds it satisfactory.
There is no requirement to provide notice in any particular form in Worcestershire.
Enough notice will be decided upon the cases facts.
If the case revolves around a single tenant in Worcestershire who is already aware of the case moving to high court, then a renter's reminder about order specifications and request of returning property possession qualifies as a satisfactory notice.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Worcestershire.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Worcestershire by applying to High Court directly to take over the issue under section 41 of the County Court Act 1984 as well as by using form N293A in improper way.
On 21 March 2016, a practice note was issued by the Senior Master of the High Court in order to ensure that these malpractices stop.
The HCEOs can carry out enforcement of a possession order in Worcestershire faster than the county court bailiffs.
The HCEO can execute the writ of possession right after a few days of expiry of the notice of the landlord's application for permission to the High court, or when the writ of possession is issued in Redditch, Great Malvern, or Kidderminster.
Even though it is a frequent practice for a HCEO to deliver the writ and return a day or two later, there is no need for them to let the tenants in Worcestershire know in advance of their visit regarding when they will be carrying out the writ of possession.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Worcestershire, it is imperative that a 7-day notice is given to the tenants in question.
The High Court in Worcestershire can set aside or stay a writ of control or a writ of possession application.
You will need to complete form N244 during your application to high court.
If the staying or setting aside is acquired, it is vital where necessary, that the Worcestershire leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
The Worcestershire county court is to set aside the original order of possession to apply for any other application.
The High Court authorizes the HCEOs as commercial agencies in Worcestershire, thus, they are not on the court's payroll.
The enforcement officers, who are authorized to execute High Court writs in England and Wales, are listed on the Directory of High Court Enforcement Officers.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Worcestershire unless they are recommended by the court to do so.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Worcestershire, when confiscating commodities.
According to these regulations the HCEO must not:
Gain access to a Worcestershire residential property before 6am or past 9pm, unless authorised by the court
Enter if the sole individual present in the Worcestershire property is a child aged under 16
Taking essential household goods example washing machine, cooker or fridge
Based in Worcestershire, working nationwide
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