Requesting the County Court to execute an order of possession via a possession warrant is the best way and the landlord in London must also request for the order of possession to be transferred by enforcement to the High Court for a High Court Enforcement Officer (HCEO).
HCEOs can also be named as Sheriffs or Bailiffs that are certified, or enforcement agents in London.
You can implement possession order in Hackney, Kensington and Chelsea, or Islington via the High Court when:
The hearing for a possession order took place in the Greater London High Court as a court hearing for a possession order in the High court is unusual because, if a property owner in London applies for a possession order in the High Court, the case is sent to the county court unless there are specific circumstances, like complicated disputes of fact or crucial points of law.
The landlord in London asks the county court to handover the possession order to the High Court for implementation by an HCEO.
In this situation, the county court judge must decide whether to send the execution of the possession order in Hackney, Kensington and Chelsea, or Islington to the High Court or not.
During the county court possession hearing, the landlord in London could ask for the transfer of the enforcement order to the High Court, if the county court enters judgment in their favour.
When the court enters a possession order in favour of a Landlord in London, they must ask the county court to send the Court order to the High Court for application.
If the London tenant appeals against the ruling or has any applications that the court is yet to hear, the landlord's request to transfer the possession order to the High court will fail.
Besides, the property owner has the power to request a writ of control to claim the money owed in arrears by a tenant together with court charges of over £600 in Hackney, Kensington and Chelsea, or Islington.
The warrant of control also called the writ of Fieri facias or writ of fi fa, empowers the landlord in London to seize and sell the assets of the defaulting tenant.
But if the debt is under the rule of the Consumer Credit Act 1974 (CCA), the Greater London county court cannot handover the possession order to the High Court for administration as the county court can enforce all contracts under CCA regulations.
A London landlord may ask for a transfer of the possession order to the High Court for performance under the following grounds, such as:
Enforcement in London is typically faster by HCEOs than by county court bailiffs
Delays in carrying out the court order by the Greater London county court bailiffs can lead to a loss of rental income to the landlord
Stops any destruction to the property or anti-social behaviour in London
The tenant owes money, and the HCEO executes the possession order and impounds goods in London in place of the debt
Once the county court sends the possession order to the High Court, the amount outstanding on the judgment debt will begin to earn interest at 8% per annum.
A tenant can oppose the transfer of the enforcement order in London to the High court because the pace of eviction is quicker at the high court, and the charge is greater than the sum he will pay if they use the Greater London county court Bailiffs.
Here are other reasons the tenant may give including:
The landlord has not provided the court enough proof that he will lose a lot if there is any delay due to the use of the county court bailiffs in London
The costs of transferring the order to High court is high
He needs more time to secure another place to live in Hackney, Kensington and Chelsea, or Islington ahead of the eviction
Lastly, the county court Judge in London will rely upon the following factors to reach a decision, and they include the tenant's situation, if overdue rent is significant, and if a tenant has children.
If the Greater London county court grants judgment in favour of the landlord to transfer the possession order to the High Court, the property owner must ask for the approval of the High Court before it will release the writ of possession, apart from:
Actions against trespassers in London
Mortgage repossession cases in London
Besides, you do not require permission to release a writ of possession if a tenant breaks the possession order, or when there is a violation of a suspended possession order by not paying money as needed in London.
If the landlord in Hackney, Kensington and Chelsea, or Islington asks for permission to execute a possession order in the High Court (apart from mortgage repossession cases and actions bought against trespassers), the landlord must provide notice of this application to 'all persons in real possession' of the property.
The High Court will not give its approval unless each tenant in London has enough notice that the Court considers to be adequate.
The Landlord does not need to use a unique process to send a notice as there are no set requirements in Greater London.
Enough proof depends on the facts of the case.
If it is a situation where a single tenant in London already knows that the case was in the high court, the Landlord can send a reminder showing them the terms of the court judgment, in this case, asking the tenant to vacate the rental property, is enough notice.
If the landlord fails to give enough notice or does not provide complete information to the Court of any pending applications or appeals against the possession proceedings, this will make the court to set aside the writ of possession, even after its implementation in London.
Not all HCEOs in Greater London follow the right procedure as some of them make an application directly to the high court to take control of a suit or use Form N293A to avoid the proper process and some were exploiting Form N293A.
On 21 March 2016, the court released a practice note via the Senior Master of the High Court (Queens Bench Division) to end these malpractices and unlawful use of their powers.
Implementation of a possession order is quicker in London through HCEOs than by the county court bailiffs.
Applying a writ of possession by an HCEO takes place shortly after the application notice by the landlord to the high courts to tenants finishes or the writ of possession is issued in Hackney, Kensington and Chelsea, or Islington.
The law does not require HCEOs to notify the tenants in London in advance of its visit or when they will execute the writ of possession, and usually, they drop the writ and go back in a day or two to repossess the premises.
But if an HCEO is attempting to seize goods and money as a result of overdue rent and costs, and repossess the property in London, they must send a seven days' notice to the tenant or creditor.
The High Court in Greater London can support or set aside a writ of possession, or writ of control.
Typically, they use the form N244 to apply for a stay or to set aside the writ of possession.
If the court grants either the stay or the set-aside application, the tenant in London must inform the HCEO who may not have the latest information.
If there is another application, such as the request to set aside the initial possession order, you must take it to the Greater London county court.
HCEOs in London are commercial agencies endorsed by the High Court, the court is not their employer.
You can research and get the list of the Directory of High Court Enforcement Officers in England and Wales who have the approval to effect High Court writs.
HCEOs vows to a code of practice.
You must not carry out a writ of possession on a Sunday, Good Friday, or Christmas Day in London except the court rules otherwise.
Starting from 6 April 2014, rules for the actions of HCEOs, and all other bailiffs, when seizing goods in London were released.
HCEOs must not:
Go inside the residential property in Greater London earlier than 6 am or after 9 pm unless the court approved it
Enter a property in London if the only person there is a child of 16 years of age and below
Obtain essential household goods like a cooker, fridge, or washing machine
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