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The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in Wrexham has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
These HCEOs are also known as Sheriffs, certificated bailiffs or enforcement agents in Wrexham.
You can enforce possession order in Wrexham/Wrecsam, Bangor on Dee/Bangor-is-y-coed, or Rhosllanerchrugog through the High Court when:
The hearing for the possession order was in the High Court in Clwyd as a hearing a possession order in the High court is abnormal because, if a Wrexham 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 Wrexham landlord applies for the transfer of the possession order from the County Court to the High Court to enable the HCEO to enforce the order.
It is the county court judge that will determine if to transfer the enforcement in Wrexham/Wrecsam, Bangor on Dee/Bangor-is-y-coed, or Rhosllanerchrugog to the High Court or not.
The landlord in Wrexham can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
Once the order of possession is obtained by the Wrexham landlord, he can appeal before county court and request movement of order for purposes of implementation in high court.
Where there are any outstanding tenant requests in Wrexham, for example, a possession order appeal, the transfer request cannot be made.
If the court costs and other arrears make up over £600, it is at the discretion of the landlord to apply for a writ of control in order to recover the outstanding money in Rhosllanerchrugog, Wrexham/Wrecsam, or Bangor on Dee/Bangor-is-y-coed.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Wrexham and the writ is also known 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 Clwyd County Court can enforce agreements regulated by the CCA.
If a landlord in Wrexham is applying for possession order transfer to the High Court for enforcement, it may be because:
High Court Enforcement Officers can carry out the eviction in Wrexham quicker than bailiffs of the county court
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in Clwyd
To avoid continued destruction of the property in Wrexham as well as antisocial behaviour
If the tenant owes you money, the HCEO can seize the defaulter's goods in Wrexham to recover your money as well as enforce the possession order
The interest on judgement debt for arrears, which is currently at the rate of 8%, will accumulate right from the transfer of the order.
A tenant may object the transfer of application of enforcement in Wrexham to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in Clwyd.
The tenant's causes can be:
The Wrexham landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The costs incurred are out of balance
S/he needs the extra time to find somewhere else to live in Bangor on Dee/Bangor-is-y-coed, Rhosllanerchrugog, or Wrexham/Wrecsam before an eviction is endorsed
Specific circumstances of the tenant, such as whether or not he/she has substantial rent arrears or children; will often be relevant factors that the court in Wrexham will consider.
If the county court in Clwyd grants the application of the landlord to transfer order, the landlord will have to get high court permission before a writ of possession is served except in:
In addition, permission is not required for serving the writ of possession due to a breach of a possession order and this includes suspended orders where the breach contains lack of paying money in Wrexham.
The landlord in Rhosllanerchrugog, Bangor on Dee/Bangor-is-y-coed, or Wrexham/Wrecsam needs to give notice of this application to everyone in possession of the premises when he/she is looking to get the order transferred to the High Court.
High Court is not allowed to permit until every tenant in Wrexham is given the notice that is deemed sufficient enough.
Notice can be given in any way in Clwyd as there are no rules for this.
The satisfactory notice will vary according to the case facts.
In the case of a sole tenant in Wrexham who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession could be sufficient notification.
Failure to give adequate notice or failure to provide the Court with full information on pending appeals or applications against the proceedings of possession may result in the writ of possession being set aside even after it has been executed in Wrexham.
It is also possible that HCEOs in Clwyd take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
It is a known fact that the process is speedier in Wrexham with the HCEOs of the High court than the bailiffs of County court.
An HCEO has the ability to implement a possession writ within some few days following expiry of the order application by the asset owner for consent or possession writ issuance in Bangor on Dee/Bangor-is-y-coed, Wrexham/Wrecsam, or Rhosllanerchrugog.
HCEO does not need any requirement to notify the tenants in Wrexham 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.
However, the HCEO needs to give a seven days' notice to the tenant where they need to seize goods and money while recovering possession of the property in Wrexham.
High court in Clwyd enjoys the powers to set aside or uphold possession or control writ.
Form N244 is used for these applications.
If the court grants the application, the tenant in Wrexham must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Clwyd.
HCEOs in Wrexham are actually not the court's employees rather they're from court authorized commercial companies.
Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.
All enforcement officers in high court should adhere to the code of service.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Wrexham until unless the court orders otherwise.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Wrexham with effect from 6 April 2014.
The regulations stipulate that:
Gain access to a Clwyd residential property before 6am or past 9pm, unless authorised by the court
Go inside the building in Wrexham in case the person within is a child below the age of 16 years
Seize essential household items, such as washing machine and cooker
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