A landlord in Bedfordshire 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.
These HCEOs are also known as Sheriffs, certificated bailiffs or enforcement agents in Bedfordshire.
The High Court can enforce a notice of possession in Bedford, Leighton Buzzard, or Dunstable if:
During Bedfordshire high court possession hearing as the practice is uncommon considering that in case a leaseholder in Bedfordshire applies for an ownership order in the court, it may be send to the regional court unless certain conditions such as complex disagreements are involved.
If the owner of the property in Bedfordshire appeals the transfer of possession order from county to high court for HCEO implementation.
It's often the decision of the judge at the county court if the order in Leighton Buzzard, Dunstable, or Bedford will be allowed to get transferred to the High Court.
The landlord in Bedfordshire can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
Once the landlord in Bedfordshire 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.
If there are any applications made by the Bedfordshire tenant, such as a possession order appeal against, an application for move cannot go through.
If court costs and rent arrears amounting to more than £600, then, the landlord may file for a writ of control to recover the amount in Dunstable, Leighton Buzzard, or Bedford.
A control letter allows the landlord to seize the tenant or debtor's belongings in Bedfordshire, and this was formerly known as writ of Fieri facias or writ of fi fa.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in Bedfordshire can only be enforced by the County Court.
The Bedfordshire landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
High Court Enforcement Officers can carry out the eviction in Bedfordshire quicker than bailiffs of the county court
Delay in enforcement via County Court bailiff in Bedfordshire causes rental income loss
Prevention of further damage to the Bedfordshire property and/or anti-social behaviour
HCEOs have authority of execution of the possession order and also of seizing the goods in Bedfordshire in case of money owned
An interest rate of 8% will be accrued for judgement debt arrears from the start of the order transfer.
The tenants may object to transfer the possession to the High Court as the eviction in Bedfordshire will happen quicker and they will be liable for higher costs as opposed to Bedfordshire county court bailiffs.
These reasons include:
The landlord in Bedfordshire has not given any proof of delays in case of usage of bailiffs from county courts
The prices are excessive and/or disproportionate
He/she needs the excess time to find somewhere else to stay in Leighton Buzzard, Dunstable, or Bedford before being evicted
The Bedfordshire court's decision about the order transference is affected by a number of factors, for instance, in case there are children with tenants or presence of notable rental arrears.
It is a must for the landlord to get permission from the high court if he/she wants to transfer the application granted by the County court in Bedfordshire, apart from when:
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 Bedfordshire.
When the landlord in Bedford, Dunstable, or Leighton Buzzard ask for leave to enforce a possession order in the High Court (except in actions against trespassers and cases of mortgage repossession), the landlord must give notice of this application to 'all persons in actual possession' of the property.
The High Court shall not give permission until every tenant in Bedfordshire is provided notice as is deemed appropriate by the Court.
In Bedfordshire, no notification in any particular form is required.
The notice must include the fact of case; this is the vital part of the notice.
If it involves a sole tenant in Bedfordshire who knew that the case had been moved to the high court, a reminder from the renter about the particulars of the order and a request to return possession is considered enough notice.
Failing to provide sufficient notice, or to provide full information to the Court about pending applications or court appeals against the possession proceedings, can cause writ possession to be set aside, ever after its execution in Bedfordshire.
There are cases where various HCEOs in Bedfordshire trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
The Senior Master of the High Court (Queens Bench Division) releases a practice note on 21 March 2016 to block these loopholes and stop the unfair practices.
Basically, an order of ownership in Bedfordshire is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
The implementation of a writ of possession by an HCEO can take place in few days after the notice by the landlord to tenants expires or when the writ of possession is issued in Bedford, Dunstable, or Leighton Buzzard.
A HCEO does not have to give tenants any notice in advance before their visit in Bedfordshire 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.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Bedfordshire, a seven-day notice must be issued to the tenant / creditor.
The Bedfordshire high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Bedfordshire because the HCEO may not have received this notice from the High Court.
Any other application must be made through the Bedfordshire county court, for example, setting aside the possession order that was original.
HCEOs are known as commercial agencies powered by the High Court in Bedfordshire.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
HCEOs are guided by a code of practice.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Bedfordshire unless the Court orders otherwise.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Bedfordshire, when confiscating commodities.
Requirements state that the HCEO must not:
Entering the residential premises in Bedfordshire after 9pm or before 6am, except ordered by the court
Enter if the sole individual present in the Bedfordshire property is a child aged under 16
Take goods such as the washing machine, fridge, or cooker
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