Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in Aylesbury can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Aylesbury.
You can enforce possession order in Aylesbury, Wendover, or Aston Clinton through the High Court when:
The possession hearing was in the high court in Buckinghamshire as this is rare because the possession order is typically moved to the county court when a landlord in Aylesbury seeks it, but it can take place in the High Court under exceptional circumstances such as factual disagreements or disagreements on law.
The landlord in Aylesbury makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
Only the county court judge has the choice of transferring to the High Court for enforcement in Wendover, Aston Clinton, or Aylesbury or not.
A landlord in Aylesbury can apply for transfer during the proceedings of a possession order in County Court as he can request for transfer of it to the High court for enforcement.
If the Aylesbury landlord wishes to transfer the proceedings to the High Court after the possession order has been made, then they will be required to fill out an application to the county court to do so.
Application for transfer can't be made in case there is any outstanding application from a tenant in Aylesbury, for example, an appeal against the order of possession.
However, in order to recover the pending rents a writ of control can be filed by the landlord in Wendover, Aston Clinton, or Aylesbury, and this can be done if court costs and rent arrears exceed £600.
With a writ of control, the tenant's goods can be seized and sold in Aylesbury, this is otherwise known as the writ of fi fa or writ of fiery facias.
Note that if the debt is under the regulation of the Consumer Credit Act 1974 (CCA), the Buckinghamshire county court cannot transfer the possession order to the High Court for enforcement as the CCA regulates are enforceable in the county court.
There are certain reasons why a landlord in Aylesbury can apply for a transfer of the order to the High Court for enforcement including:
The enforcement process is quicker in Aylesbury through the HCEO than the county court bailiffs
Rental income losses caused by delays in enforcement through the bailiffs of the county court in Buckinghamshire
Reduce the chances of further damage to the property or any other anti-social behaviour in Aylesbury
The HCEO can both carry out the order and apprehend possessions in Aylesbury, when money is owed to the landlord
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
Since the level of eviction is quicker in Aylesbury but the expense of using a HCEO is greater than the county court bailiffs in Buckinghamshire, a plaintiff may want to respond to a proposal to shift compliance to the High Court.
The reasons for the tenant may be:
The Aylesbury landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The payment involved in the process varies
The tenants need extra time to get an alternative housing arrangement in Aston Clinton, Aylesbury, or Wendover
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 Aylesbury will consider.
In case the order transference application made by the landlord is granted by the county court in Buckinghamshire, he would also have to get permission from high court before serving warrant of possession except:
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 Aylesbury.
When permission is sought from the High Court, it is liable for the landlord in Wendover, Aylesbury, or Aston Clinton 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.
High court may not consent until each leaseholder in Aylesbury has been served with the order and it is satisfied.
In Buckinghamshire, no notification in any particular form is required.
The details of the case determined the duration of notice that is sufficient.
If there is just one tenant in the Aylesbury property, who is already aware of the case being transferred, then a simple reminder by the landlord of the guidelines from the court order and a demand that the property is to be given up is more than enough.
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 Aylesbury.
There were several HCEOs in Buckinghamshire who tried to bypass the stipulated process by making an application directly to the high court to take control of the issue under section 41 or by using form N293A incorrectly that is against tenants instead of trespassers.
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
Generally, possession order enforcement in Aylesbury is quicker via HCEO as opposed to county court bailiffs.
A HCEO can execute a writ of possession in just a few days after the landlord's notice of application for permission has expired or of the issue of writ of possession in Wendover, Aylesbury, or Aston Clinton.
The HCEO is not obligated to inform the tenant prior to their visit in Aylesbury on when the writ of possession would be executed, usually they deliver the writ and visit the property again the next day or 2 days after.
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 Aylesbury.
The High Court in Buckinghamshire has the authority to stay or set aside a writ of possession.
Form N244 is used for these applications.
In case, if the stay or set aside is permitted then it is significant that HCEO should be informed by the Aylesbury tenant about this, as this is quite possible that HCEO has not been informed by the High Court.
Any other application, such as setting aside the original possession order, must be placed to the county court in Buckinghamshire.
HCEOs in Aylesbury are commercial firms authorised by the High Court, not employees of the court.
You can research for the list of the Directory of High Court Enforcement Officers, for the enforcement officers in England and Wales who have the approval to implement High Court writs.
All enforcement officers of the high court need to adhere to the practice code.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Aylesbury, unless it is ordered by the court.
New regulations governing the actions of bailiffs in Aylesbury were released and made effective from April 6, 2014.
The laws require that an HCEO should not:
HCEOs must not enter a Buckinghamshire residential property before 6am and after 9pm, except if the court authorized that
Enter a Aylesbury residential property if the only person present at the time is below the age of 16
Seizing essential domestic equipment such as washing machine, fridge, or cooker
Based in Aylesbury, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.