A possession order can be forced by asking for a possession warrant from the county court and landlords in Bedford can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
The HCEOs in Bedford are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
High Court can enforce the possession order in Ampthill, Kempston, or Bedford if:
The hearing was held at the High Court in Bedfordshire, this is unusual because if a landlord in Bedford applies in the High Court for a possession order, it will be transferred to the county court unless there are exceptional circumstances, such as complicated factual disputes or significant legal issues.
An application is submitted by the Bedford landlord to the county court requesting for the transfer of a possession order to the High Court so that it can be enforced by an HCEO.
Only the county court judge has the choice of transferring to the High Court for enforcement in Ampthill, Kempston, or Bedford or not.
A request of transferring the possession order to the High Court can be made to County Court during the procession order proceedings by the Bedford landlord.
After the court grants a possession order, the landlord in Bedford must apply to the county court for the transfer of the Court order to the High Court for enforcement.
If there are any applications made by the Bedford tenant, such as a possession order appeal against, an application for move cannot go through.
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 Bedford, Ampthill, or Kempston.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Bedford - this was initially known as, and still referred to 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 Bedfordshire county court.
The Bedford landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
Enforcement in Bedford through the County Court bailiffs is slower than through the HCEOs
Delays in enforcement through County Court sheriffs in Bedfordshire can cause a loss of rental income too
Prevention of further damage to the Bedford property and/or anti-social behaviour
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Bedford if the money is owed
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
As the eviction speed increases in Bedford and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Bedfordshire, a tenant may want to object an application for transfer to the High Court of the enforcement.
Some reasons the tenant may give include:
The Bedford landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The costs of transfer of the order are too much
S/he needs the extra time to find somewhere else to live in Ampthill, Kempston, or Bedford before an eviction is endorsed
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 Bedford.
After the Bedfordshire 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:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in Bedford.
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 Ampthill, Kempston, or Bedford must inform' any person in real possession' of the property of the demand.
Permission must not be granted by the High Court except each tenant in Bedford is provided with the notice in the timeframe that is deemed sufficient by the Court.
There is no specific requirement of notice to be served in a set form in Bedfordshire.
Enough notice will be decided upon the cases facts.
In the case of a sole tenant in Bedford who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession might be enough notice.
The Writ of Possession can be set aside after execution in Bedford if the landlord fails to provide the necessary details where the pending appeals against the possession order are concerned or doesn't give enough notice.
A couple of HCEOs in Bedfordshire have tried to avoid the legal process by going straight to the High Court to transfer the order under the section 41 of the 1984 County Court Act, or by inappropriately using the N293A form.
On 21 March 2016, the court issued a practice note through the Senior Master of the High Court (Queens Bench Division) to stop these malpractices and illegal use of their powers.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in Bedford rather than county court bailiffs.
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 Ampthill, Bedford, or Kempston.
There is no need to give notice to the tenants in Bedford about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
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 Bedford.
The High Court in Bedfordshire has the mandate to set aside or delay a possession writ, or control writ.
Form N244 should be used to send the stay or set aside applications to the High Court.
If stay or set aside is given, then it's important for the tenant in Bedford to inform the HCEO themselves of these details because the High Court may not have provided them with the information.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the Bedfordshire county court.
HCEOs in Bedford are High Court-approved private companies and not court workers.
Therefore, you need to go through the Directory of High Court Enforcement Officers to see those that are commissioned to carry out the task in your jurisdiction.
HCEOs are guided by a code of practice.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Bedford unless court affirms.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Bedford are governed by some regulations.
According to these regulations the HCEO must not:
Go inside the Bedfordshire residential premises earlier than 6 am or past 9 pm unless the court orders that
Enter the Bedford premises if the only person available is a child under 16 years of age
Taking essential household goods example washing machine, cooker or fridge
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