For a Landlord in Blackpool to possess a letter of the warrant, he/she has to apply the transfer order to the High court through the High Court Enforcement Officer (HCEO), and HCEO applies the relocation of a possession order of enforcement from the county court to the High court on behalf of a Landlord.
The HCEO is also known by other names in Blackpool, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
A possession order can only be enforced in Lytham St Anne's, Fleetwood, or Blackpool through the High Court when:
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 Blackpool moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
The landlord in Blackpool wants to have the possession order transferred to the High Court for enforcement.
It is the choice of the County Court judge to permit the transference of enforcement in Lytham St Anne's, Fleetwood, or Blackpool to the High Court.
The Blackpool property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
If the Blackpool landlord wishes to transfer the proceedings to the High Court after the possession order has been made, then they will be required to fill out an application to the county court to do so.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Blackpool tenant, such as an appeal against the possession order.
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 Fleetwood, Lytham St Anne's, or Blackpool.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Blackpool - this was initially known as, and still referred to as, a writ of Fieri facias or writ of fi fa.
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 Lancashire.
A Blackpool landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
The enforcement in Blackpool is normally faster via the HCEOs compared to county court bailiffs
Lancashire County court bailiffs may indirectly cause a reduction in rental income since their enforcement takes a longer time
It prevents further anti-social behaviour or destruction of property in Blackpool
The High court officer can seize goods in Blackpool while enforcing the possession to recover money owed
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
Because the speed of eviction in Blackpool is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Lancashire county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
Some reasons the tenant may give include:
The landlord in Blackpool may have no proof that using the county court bailiff would delay the case
The costs involved are disproportionate
The tenant needs enough time to find alternative accommodation in Fleetwood, Blackpool, or Lytham St Anne's
Exceptional circumstances like when a tenant has children or owes a substantial amount of debt are usually important factors which would be considered by the court in Blackpool.
If the landlord's request to transfer the possession order to the High Court is granted by the Lancashire county court, the landlord would then have to obtain the permission of the High Court ahead of the issuance of the writ of eviction, except in:
In addition, permission is not required for serving the writ of possession due to a breach of a possession order and this includes suspended orders where the breach contains lack of paying money in Blackpool.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Blackpool, Lytham St Anne's, or Fleetwood must give notice application to 'every person in actual possession' of the property.
High court may not consent until each leaseholder in Blackpool has been served with the order and it is satisfied.
There is no specific requirement of notice to be served in a set form in Lancashire.
The facts of the case will depend on what is enough notice.
In another scenario, if in case only a sole tenant in Blackpool was being aware of the case transfer to the High Court, the reminder from the landlord including terms of the court order could be enough as a 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 Blackpool.
A couple of HCEOs in Lancashire 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, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
Enforcement of a possession order in Blackpool is faster through HCEOs than through the county court bailiffs.
HCEOs require few days to enforce warrant of possession if the application notice of permission expires or after issuance of warrant of possession in Blackpool, Fleetwood, or Lytham St Anne's.
The HCEO doesn't need to inform the tenants in Blackpool about when they are going to execute the writ of possession, and the HCEOs usually drop off the writ return a day or two later.
In cases where a HCEO is claiming to seize money and goods due to costs and rent arrears and recovering possession of the premises in Blackpool, they will have to provide the tenant a 7 days' notice.
The High Court in Lancashire has the mandate to set aside or delay a possession writ, or control writ.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
If stay or set aside is given, then it's important for the tenant in Blackpool to inform the HCEO themselves of these details because the High Court may not have provided them with the information.
Otherwise, other applications, including setting aside the original possession order must be made to the Lancashire county court.
HCEOs are known as commercial agencies powered by the High Court in Blackpool.
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.
A code of practice is subscribed by HCEOs.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Blackpool, unless courts decides otherwise.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Blackpool.
The rules include the requirements that the HCEO must not:
Go inside the residential property in Lancashire before 6 am or after 9 pm, except the court approved it
Enter if the sole individual present in the Blackpool property is a child aged under 16
Seize important household items including fridges, washing machine or cooker
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