Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in Blackburn is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Blackburn.
The High Court can impose a possession order in York, Darwen, or Clitheroe if:
If the possession hearing was conducted within high court in Lancashire as this however, is very rare as the possession order application by the landlord in Blackburn moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
The landlord in Blackburn shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
County court determines if the enforcement in York, Clitheroe, or Darwen can be transferred to high court.
The Blackburn landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
The Blackburn landlord will need to apply to the county court requesting that the possession order be transferred to the High Court for enforcement purposes after a possession order has been obtained.
Application for transfer can't be made in case there is any outstanding application from a tenant in Blackburn, for example, an appeal against the order of possession.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Darwen, York, or Clitheroe.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Blackburn, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only Lancashire County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
There are various grounds for a land owner in Blackburn to apply for the order transfer for implementation in high court, such as:
Enforcement in Blackburn is normally faster through HCEOs than the bailiffs of the county court
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in Lancashire
To prevent any further dismantlement to the premises in Blackburn or behaviour that is antisocial
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Blackburn if the money is owed
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
The tenants may object to transfer the possession to the High Court as the eviction in Blackburn will happen quicker and they will be liable for higher costs as opposed to Lancashire county court bailiffs.
The reasons why a tenant can do so are:
The landlord did not provide proof that the use of county court bailiffs in Blackburn would be substantially affected
The costs involved are disproportionate
Tennant needs some more time to find another place to live in Darwen, York, or Clitheroe
The tenant needs to highlight the relevant factors the court in Blackburn can take into consideration such as having significant arrears or having kids.
After the Lancashire 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:
The landlord may not need permission for the issue of a writ of possession in case of the possession order breach, and it is also not required in case of a possession order that is suspended where the breach is in money non-payment in Blackburn.
When permission is sought in the High Court to enforce a possession order (i.e. except in actions against trespassers and cases of mortgage repossession), the property owner in Clitheroe, Darwen, or York is to give notice of the application to 'every person in actual possession' of the property.
The High Court should not permit unless each tenant in Blackburn is given such a notice as the Court considers enough.
You can simply deliver the notice in any way you want in Lancashire.
So, enough notice depends on each individual case facts.
If it is a sole tenant in Blackburn 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.
Failing to provide good enough notice or failing to give the full details to the Court about current appeals or applications not in favour of the process, can waver the writ of possession process, even if it's been executed in Blackburn.
Some HCEOs in Lancashire 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.
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
Compared to using county bailiffs, enforcing a possession order in Blackburn by HCEOs is faster.
A HCEO can execute a writ of possession in just a few days after the landlord's notice of application for permission has expired or of the issue of writ of possession in Darwen, York, or Clitheroe.
There is no law asking the HCEO to inform the tenants in Blackburn in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.
HCEO must give notice of seven days when seeking possession of the property in Blackburn and to seize the goods or cost to recover the overdue rent.
The Lancashire High court can stay or set aside a writ of control or writ of possession.
Form N244 is used for these applications.
If the court grants either the stay or set aside the application, the tenant in Blackburn should inform the HCEO who may not have the updated information.
Any other application must be made through the Lancashire county court, for example, setting aside the possession order that was original.
High Court enforcement officers (HCEOs) in Blackburn are commercial agencies which are not employees of High court however they are authorized by the high court.
Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.
HCEOs are required to follow practice code.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Blackburn, unless in the situation where the court orders so.
The actions of all other bailiffs and the HCEOs when goods are seized in Blackburn are in effect from 6 April 2014.
The protocols include:
HCEOs must not enter a Lancashire residential property before 6am and after 9pm, except if the court authorized that
Enter the premises in Blackburn if the only person inside is a kid aged below 16 years
Seizing essential domestic equipment such as washing machine, fridge, or cooker
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