Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in Birmingham is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Birmingham.
High Court can enforce the possession order in Balsall Heath, Deritend, or Acocks Green if:
The possession proceeding was held in the High Court in West Midlands, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Birmingham requests for a notice of possession in the High Court, it is usually transferred to the county court.
The landlord in Birmingham specifically applies to the county court to get the process transferred into the High Court.
It is the county court judge that will determine if to transfer the enforcement in Acocks Green, Balsall Heath, or Deritend to the High Court or not.
During the proceedings of a possession order in the county court, the landlord in Birmingham can plea enforcement to bed moved to the High Court.
Following the approval of the possession order, the landlord in Birmingham is required to apply to the county court for a transfer of enforcement of the possession order to the High Court.
Where there are any outstanding tenant requests in Birmingham, for example, a possession order appeal, the transfer request cannot be made.
If there is unpaid rent, and the arrears plus any court order costs a total of over £600, the property owner may also apply for writ of control to recover the unsettled bills in Deritend, Balsall Heath, or Acocks Green.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Birmingham - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the West Midlands County Court can enforce agreements regulated by the CCA.
The reasons why a property owner in Birmingham might seek to transfer the order to the High Court for enforcement include that:
HCEOs enforcements in Birmingham are faster than enforcement by bailiffs of the county court
The slow process of execution by bailiffs of county courts in West Midlands results in losses for landlords due to unpaid rent
Stopping any property damage or behaviour that is anti-social in Birmingham
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Birmingham if they owe money
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
The opposition from the tenant's side can be seen against the transference application because in high court, the eviction process in Birmingham can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in West Midlands.
This may be because:
The property owner in Birmingham has availed evidence that there will be a significant delay using the county court bailiffs
The costs involved are too high
He/she is looking for some extra time to find a place to stay in Acocks Green, Deritend, or Balsall Heath before vacating
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 Birmingham.
If the West Midlands county court awards the application from the property owner to transfer the possession order to the High Court, the landlord must apply for the consent of the High Court before the court issues the writ of possession, except for:
Moreover, you don't need permission to issue a writ of possession if there is a breach of the possession order, including a violation of a suspended possession order by failing to pay money in Birmingham as required.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Deritend, Acocks Green, or Balsall Heath is required to notify everyone in the property of the application and the only exceptions are if there are actions against trespassers or in cases involving mortgage repossession.
High court may not consent until each leaseholder in Birmingham has been served with the order and it is satisfied.
There are no laid down rules for providing the notice in West Midlands.
The facts of the case will help with determining the sufficient notice.
If the case revolves around a single tenant in Birmingham who is already aware of the case moving to high court, then a renter's reminder about order specifications and request of returning property possession qualifies as a satisfactory notice.
Failure to give adequate notice, or fail to give to court full information in regard to pending appeals or applications against the proceedings of possession, may result in the writ of possession being set aside, even after it is executed in Birmingham.
A couple of HCEOs in West Midlands 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.
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
HCEOs ensure faster enforcement of a possession order in Birmingham than bailiffs in a County Court.
It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in Balsall Heath, Deritend, or Acocks Green.
A HCEO does not have to give tenants any notice in advance before their visit in Birmingham 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.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Birmingham, it is imperative that a 7-day notice is given to the tenants in question.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in West Midlands.
All applications to the High Court must be made on form N244.
If the High Court later set aside the application for writ of possession, the Birmingham tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
Additional applications such as an annulment of the original order of possession must be submitted to the West Midlands county court.
High Court Enforcement Officers in Birmingham are not employees of the court, but they are commercial agencies authorized by the high court.
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.
The code of conduct governs the activities of HCEOs.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Birmingham unless they are recommended by the court to do so.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Birmingham when seizing tenant goods.
Under these regulations, the HCEO is restricted from:
Enter a residential property in West Midlands before 6:00 a.m. and after 9:00 p.m. without the court authorization
Enter if a child under the age of 16 is the only person present in Birmingham
Taking basic household stuff for instance refrigerator, cooker or washing machine
Based in Birmingham, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.