A landlord in Bath can apply to transfer a possession order to the High Court Enforcement Office (HCEO) as an alternative to enforcing the process with a request from a county court to give a warrant possession notice.
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Bath.
The possession order from the High Court can occur in Burton, Bath, or Abbas Combe through these means:
The hearing for the possession order was in the High Court in Somerset as a hearing a possession order in the High court is abnormal because, if a Bath 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.
The Bath landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
The county court judge has to decide whether to allow the transfer of enforcement in Abbas Combe, Bath, or Burton to the High Court.
During the county court possession proceedings, the landlord in Bath may request that the possession order, if made, be transferred for enforcement to the High Court.
If the Bath 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.
If there are any applications made by the Bath tenant, such as a possession order appeal against, an application for move cannot go through.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Burton, Abbas Combe, or Bath.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Bath and the writ is also known as a writ of Fieri facias or writ of fi fa.
Any arrears managed by CCA (Consumer Credit Act) cannot be transferred to high court so as to be implemented attributing to the fact that CCA controlled agreements may only be implemented within the Somerset county court.
There are various grounds for a land owner in Bath to apply for the order transfer for implementation in high court, such as:
The implementation in Bath is usually quicker when handled by HCEOs as compared to county court sheriffs
Loss of rental income because delays in enforcement through the county court bailiffs in Somerset
It prevents further anti-social behaviour or destruction of property in Bath
The HCEO is authorised to execute the possession order and seize possessions in Bath in case cash is owed
Interest, currently at the rate of 8 percent, will accrue on the judgment debt for arrears from the moment the order is transferred.
The costs of using an HCEO for eviction in Bath are higher than the Somerset county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement to the High Court.
Some reasons the tenant may give include:
The Bath landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The involved cost are unbalanced
They would require more time to find another place to live in Abbas Combe, Bath, or Burton before eviction
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Bath will take into account.
In case the landlord's application to transfer is accepted, by the Somerset county court, then the landlord needs to get high Court's consent before the assurance of the writ of possession unless if:
Permission is also not a requirement for the possession writ issuance following the possession order breach, including a possession order that is suspended, where the breach include unpaid bills in Bath.
When permission is obtained in the High Court to impose a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Bath, Burton, or Abbas Combe must inform' any person in real possession' of the property of the demand.
Unless every occupant in Bath is given the notice that the Court decides is enough, the High Court must not grant permission.
The notice can be given in any form in Somerset since there are no specific requirements.
The time period of the notice will be determined on the cases facts.
If it is a sole tenant in Bath who already knows that the case was in the high court, the Landlord can send them a reminder showing the terms of the court order and appeal that the tenant gives up possession of the rental property, is sufficient notice.
If the landlord has failed to provide enough notice or does not provide complete information to the court regarding pending appeals against the possession proceedings then, he may face set a side of the writ of possession even after its execution in Bath.
There were several HCEOs in Somerset 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.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
Generally, a possession order is normally enforced in Bath faster through HCEOs than bailiffs from the 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 Bath, Abbas Combe, or Burton.
The HCEO is not obligated to inform the tenant prior to their visit in Bath 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.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Bath property as well as the seizure of goods and money such as pending rents or any other costs.
The High Court in Somerset has the authority to stay or set aside a writ of possession.
Applications to the High Court are made through from N244.
If the High Court later set aside the application for writ of possession, the Bath tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
The applicants must make any other application to the Somerset county court, for instance, to set aside the original possession order.
High Court enforcement officers (HCEOs) in Bath are commercial agencies which are not employees of High court however they are authorized by the high court.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
HCEOs pledges to a code of practice.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Bath unless the court says so.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in Bath.
The regulations stipulate that:
The HCEO mustn't enter a residential property in Somerset before 6 am, or after 9 pm, without authorization from the court
Go inside the Bath house if the only person there is a child of 16 years of age and below
Seize essential household items, such as washing machine and cooker
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