Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in Basingstoke can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
HCEO's are commonly referred to as agents of enforcement, or Sheriffs in Basingstoke.
The High Court can enforce a notice of possession in Brighton Hill, Hartley Wintney, or Basingstoke if:
High Court in Hampshire has scheduled a hearing for possession order, but it is generally not observed as a landlord in Basingstoke's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
The landlord in Basingstoke makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
The regional court has the jurisdiction to determine whether or not to move enforcement in Basingstoke, Brighton Hill, or Hartley Wintney to high court.
During the county court possession hearings, a landlord in Basingstoke can request that the possession order to be moved to the high court for enforcement.
The Basingstoke landlord will need to apply to the county court requesting that the possession order be transferred to the High Court for enforcement purposes after a possession order has been obtained.
You cannot make an application when there is an outstanding appeal from the tenant in Basingstoke, like an application to close the possession order.
The landlord could ask for a writ of control to recover the money owed in arrears by the tenant if together with court costs it is more than £600 in Brighton Hill, Basingstoke, or Hartley Wintney.
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 Basingstoke.
If the Consumer Credit Act 1974 (CCA) regulated the debt, it could not be transferred to the High Court, as CCA regulated agreements can only be enforced in the county court in Hampshire.
There are various grounds for a land owner in Basingstoke to apply for the order transfer for implementation in high court, such as:
The enforcement process is quicker in Basingstoke through the HCEO than the county court bailiffs
Loss in rental income by the Hampshire county court bailiffs due to delays in compliance
Prevent the expedition of property destruction in Basingstoke or anti-social actions
The HCEO can both carry out the order and apprehend possessions in Basingstoke, when money is owed to the landlord
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Basingstoke than the bailiffs of Hampshire County Court so, a tenant can oppose the application to transfer the possession order to the High court.
The tenant's reasons could include that:
The Basingstoke landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The expenses in total are not proportionately divided
The tenant needs extra time to find somewhere else to live in Brighton Hill, Basingstoke, or Hartley Wintney
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in Basingstoke.
The landlord must obtain permission from the High Court before the writ of possession is issued if the landlord's application to transfer possession order is granted by the Hampshire county court, except in:
You will also not require permission for the writ of possession to be issued for a breach, including a breach of possession order that is suspended or when the possession order breach is bills that are unpaid in Basingstoke.
If permission is sought in the High Court to enforce a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Brighton Hill, Basingstoke, or Hartley Wintney must notify every person in real possession of the property of the application.
Unless every occupant in Basingstoke is given the notice that the Court decides is enough, the High Court must not grant permission.
There are no laid down rules for providing the notice in Hampshire.
The facts of the case will determine whether the notice is enough.
When dealing with just one tenant in Basingstoke who is aware of the transfer to the High Court, the landlord may just send a reminder, reminding the tenant of the court order and he should also remind the tenant to give up the possession.
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 Basingstoke.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Hampshire 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.
Basically, an order of ownership in Basingstoke is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Brighton Hill, Hartley Wintney, or Basingstoke.
There is no law asking the HCEO to inform the tenants in Basingstoke in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in Basingstoke and seizing goods and payment in form of court costs and owed rent.
Any writ of possession orders can be set aside or kept with the High Court in Hampshire.
Form N244 is used for these applications.
If granted is the set aside or stay, it is important where possible, the tenant in Basingstoke informs the HCEO, from the HCEO the High Court may not have kept the truth.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Hampshire.
HCEOs in Basingstoke are actually not the court's employees rather they're from court authorized commercial companies.
The names of authorized HCEOs in Wales and England permitted to carry out an execution of High Court writs are contained in the HCEO directory.
High Court enforcement officers practice a code of conduct.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Basingstoke unless court affirms.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Basingstoke, when confiscating commodities.
The regulations include the requirements not to be met by the HCEO:
The time of entering the Hampshire residential property is before 6 am or after 9 pm unless authorized otherwise by the court
Entering a property in Basingstoke if the occupant is a child younger than 16
Take essential household goods like washing machine, fridge or cooker
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