The landlord in Barnet can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
High Court Enforcement Officers in Barnet are also called certificated bailiffs, Sheriffs, or enforcement agents.
The high court has the authority to impose the order of possession in Cheshunt, Waltham Abbey, or Potters Bar if:
The possession hearing was in the high court in Greater London as this is rare because the possession order is typically moved to the county court when a landlord in Barnet 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 Barnet requests the county court to transfer the possession order to the High Court for execution by an HCEO.
The decision to permit the transfer of enforcement in Cheshunt, Waltham Abbey, or Potters Bar to the High Court is solely taken by the county court judge.
The Barnet property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
Once the landlord in Barnet obtains the possession order, he/she will be required to apply to the County Court for the transfer of it to the High Court for enforcement.
Application for transfer can't be made in case there is any outstanding application from a tenant in Barnet, for example, an appeal against the order of possession.
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 Cheshunt, Waltham Abbey, or Potters Bar.
A writ of control allows the landlord in Barnet to seize and sell the tenants goods which is also known as a writ of Fieri facias or writ of fi fa.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only Greater London County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
Landlords in Barnet may request that the order be transferred to the High Court due to reasons which include:
The enforcement process in Barnet is often quicker with the HCEO's than with a county court
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in Greater London
Reduce the chances of further damage to the property or any other anti-social behaviour in Barnet
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Barnet if they owe money
An interest rate of 8% will be accrued for judgement debt arrears from the start of the order transfer.
The tenant can oppose the application to move enforcement in Barnet to the high court because the eviction is much faster and the costs of hiring a HCEO are higher than that of a county court bailiff in Greater London.
The tenant may cite the following reasons:
The landlord in Barnet hasn't provided proper evidence that a delay will result from using county court bailiffs
The costs involved are not proportionate
The tenant needs extra time to find somewhere else to live in Cheshunt, Potters Bar, or Waltham Abbey
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 Barnet will consider.
After the Greater London county court approves a landlord's transfer application, the landlord is required to request for permission from the High Court for the issue of a writ of possession can be obtained, except in cases such as:
Authorization for the issuance of a possession writ is also not needed in case there is a breach of possession comprising of suspension of order where there is or lack of payment of money in Barnet.
The landlord in Waltham Abbey, Potters Bar, or Cheshunt 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.
The High Court won't grant the permission without proof that every tenant in Barnet is notified of the notice.
The notice does not require any particular form in Greater London.
The facts of the case will determine whether the notice is enough.
Once a tenant in Barnet already knows that there has been a transfer of the order to the High Court, a notice such as a reminder of the stipulations in the court order and a request that the tenant leaves the property may be regarded as sufficient.
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 Barnet.
Some HCEOs in Greater London apply to the High Court directly to take over the case through Form N293A or Section 41, the County Court Act 1984, and they thus bypass the normal procedure.
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
Enforcement of a possession order in Barnet is faster through HCEOs than through 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 Cheshunt, Waltham Abbey, or Potters Bar.
A HCEO does not have to give tenants any notice in advance before their visit in Barnet to execute the writ of possession because there is no requirement for that, however, some HCEOs usually send the writ one or two days before visiting the premises.
In cases where a HCEO is claiming to seize money and goods due to costs and rent arrears and recovering possession of the premises in Barnet, they will have to provide the tenant a 7 days' notice.
The Greater London high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
Form N244 should be used to make an application to the High Court.
If the High Court later set aside the application for writ of possession, the Barnet tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a Greater London county court.
High Court Enforcement Officers in Barnet are not employees of the court, but they are commercial agencies authorized by the high court.
If you need to check the names of enforcement officers in England and Wales, there is a Directory of High Court Enforcement Officers who have been authorized to execute High Court writs.
HCEOs must conduct themselves to a code of practice.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Barnet, unless the court has stated otherwise.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Barnet.
These restrictions mean that HCEOs cannot:
Go inside a premise of residence in Greater London before 06:00 or after 21:00, unless the court has ordered it
Enter the Barnet property if there is only a child present who is aged under 16
Carry important household goods such as a microwave, refrigerator or laundry
Based in Barnet, 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.