A landlord in Birkenhead 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.
HCEO's are commonly referred to as agents of enforcement, or Sheriffs in Birkenhead.
The High Court can enforce a notice of possession in Birkenhead, Oxton, or Woodchurch if:
The possession hearing was in the High Court in Merseyside as this is unusual since if a property owner in Birkenhead applies for a possession order in the High Court, it will be transferred to the County Court unless there are special cases, like complicate disagreements of fact or significant points of law.
When the Birkenhead property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
It is at the discretion of the county court judge to approve the transfer of enforcement in Oxton, Birkenhead, or Woodchurch to the High Court or not.
At the hearings of possession in the regional court, the owner of property in Birkenhead may request for the order of possession be transferred to high court to be implemented starting from there.
Upon securing a possession warrant, the owner in Birkenhead will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
The landlord can't make the application if there are outstanding issues such as if the tenant in Birkenhead has appealed against the order.
The landlord can also apply for a writ of control if they need to recover the rent arrears and court costs of more than £600 in Birkenhead, Oxton, or Woodchurch.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Birkenhead.
If the debt is controlled by the (CCA) 1974 Consumer Credit Act, it cannot be transferred for enforcement to the High Court, as CCA regulated agreement can be enforced in the county court in Merseyside.
A Birkenhead landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
Enforcement in Birkenhead is normally faster through HCEOs as compared to county court bailiffs
Loss of income from the rental because of Merseyside county court bailiff delays
Prevention of more damage to the property and/or behaviour that is not social in Birkenhead
If the tenant owes you money, the HCEO can seize the defaulter's goods in Birkenhead to recover your money as well as enforce the possession order
Interest, currently at the rate of 8 percent, will accrue on the judgment debt for arrears from the moment the order is transferred.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to Merseyside county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Birkenhead go to the High Court.
Tenants may have the following reasons to object:
The Birkenhead landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The costs involved are too high
The tenant may require more time to look for a new play to live in Oxton, Woodchurch, or Birkenhead before eviction takes place
Extenuating circumstances such as children or rent arrears may play a major role in the court in Birkenhead when considered by the judge.
In case the county court in Merseyside allows the owner to move the order to the high court, the owner may require obtaining consent from high court before serving the possession writ except during:
More so, consent is not needed for giving out order of possession because of violation of an order of possession and this involves hanging orders where violation entails lack of money to pay in Birkenhead.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Birkenhead, Woodchurch, or Oxton must give notice application to 'every person in actual possession' of the property.
Permission must not be granted by the High Court except each tenant in Birkenhead is provided with the notice in the timeframe that is deemed sufficient by the Court.
The order may be served in any format considering that there aren't specific requirements in Merseyside.
Sufficient proof depends on the facts of the case.
In the event that a tenant in Birkenhead who had a case that had been transferred to the High Court was aware, a reminder from the property owner of the terms of the court order and a request that possession is considered to be sufficient notice.
If the landlord fails to provide enough notice or does not give all the details to the court about appeals against possession hearings or pending applications, the writ of possession can be set aside even after it has been executed in Birkenhead.
Some HCEOs in Merseyside 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 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
Generally, a possession order is normally enforced in Birkenhead faster through HCEOs than bailiffs from the county court.
The execution of a letter of possession by a HCEO may take place only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the issue of the letter of possession in Birkenhead, Woodchurch, or Oxton.
An HCEO is not compelled to inform tenants in Birkenhead before making a trip in order to implement the possession writ as no such provision is provided, but, in some cases, you may find some HCEOs sending the summons a day or 2 before a visit to the property.
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 Birkenhead.
Only the High Court in Merseyside has the power to stay or set aside a writ of possession, or writ of control.
Applications should be submitted on Form N244 to the High Court.
If stay or set aside is given, then it's important for the tenant in Birkenhead to inform the HCEO themselves of these details because the High Court may not have provided them with the information.
To set aside the possession order that was original, all the applications must be made to the county court in Merseyside.
High Court Enforcement Officers in Birkenhead are not employees of the court, but they are commercial agencies authorized by the high court.
All enforcement officers in England and Wales authorized by the High Court to execute writs are listed in the Directory of High Court Enforcement Officers.
All high court enforcement officers must abide to a code of practice.
A possession writ shall not be executed on a Sunday, Good Friday or Christmas Day in Birkenhead, unless otherwise ordered by the court.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Birkenhead are governed by some regulations.
The regulations have requirements that a HCEO must not:
Go inside a premise of residence in Merseyside before 06:00 or after 21:00, unless the court has ordered it
Enter if the sole individual present in the Birkenhead property is a child aged under 16
To take or seize the basic household goods such as cooker, fridge or washing machine
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