The landlord in Bournemouth can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Bournemouth.
High Court can enforce the possession order in Newport, Christchurch, or Bournemouth if:
The possession proceeding was held in the High Court in Dorset, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Bournemouth requests for a notice of possession in the High Court, it is usually transferred to the county court.
An application is submitted by the Bournemouth landlord to the county court requesting for the transfer of a possession order to the High Court so that it can be enforced by an HCEO.
The decision to permit the transfer of enforcement in Bournemouth, Christchurch, or Newport to the High Court is solely taken by the county court judge.
During the county court possession hearings, a landlord in Bournemouth can request that the possession order to be moved to the high court for enforcement.
The landlord in Bournemouth must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
The application for transfer cannot be made if the Bournemouth tenant had made the appeal against the application of a landlord and they have strong points.
The landlord could ask for a writ of control to recover the money owed in arrears by the tenant if together with court costs it is more than £600 in Bournemouth, Newport, or Christchurch.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Bournemouth and the writ is also known as a writ of Fieri facias or writ of fi fa.
If the debt is processed by the Consumer Credit Act 1974 (CCA), then it will not be permitted to get transferred to the High Court as CCA agreements that are regulated can only be enforced in the Dorset county court.
There can be a number of reasons for which landlords in Bournemouth can request the transference in high court for execution including the following:
The implementation in Bournemouth is usually quicker when handled by HCEOs as compared to county court sheriffs
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in Dorset
Prevent the expedition of property destruction in Bournemouth or anti-social actions
The HCEO can enforce a possession order as well as seize the goods in Bournemouth when money is due
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
Because the speed of eviction in Bournemouth is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Dorset county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The tenant's reasons could include that:
The landlord in Bournemouth hasn't provided proper evidence that a delay will result from using county court bailiffs
The costs involved are disproportionate
He/she is looking for some extra time to find a place to stay in Bournemouth, Christchurch, or Newport before vacating
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 Bournemouth.
If the property owner's application to transfer is allowed by the Dorset county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:
Also, if there has been a violation of a possession order, permission may not be obtained before a writ of possession is issued, as well as in a suspended possession order where the violation includes failing to pay debts in Bournemouth.
If permission is sought in the High Court to enforce a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Bournemouth, Newport, or Christchurch must notify every person in real possession of the property of the application.
The High Court, therefore, cannot give permission until every person in Bournemouth involved with the possession order has received the notice sufficiently.
There are no specific instructions about what constitutes acceptable notice in Dorset.
What is acceptable depends on the particular case in question.
In the case of a sole tenant in Bournemouth who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession might be enough notice.
The Writ of Possession can be set aside after execution in Bournemouth if the landlord fails to provide the necessary details where the pending appeals against the possession order are concerned or doesn't give enough notice.
It is also possible that HCEOs in Dorset take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
On 21 March 2016, the court issued a practice note through the Senior Master of the High Court (Queens Bench Division) to stop these malpractices and illegal use of their powers.
Like we said earlier, Enforcement of a possession order in Bournemouth is quicker through HCEOs than the county court bailiffs.
Execution of the possession order is possible only in a few days of the expiration of the notice given by the landlord when executed by the high court or after then possession writ is issued in Newport, Bournemouth, or Christchurch.
The HCEO is not obligated to inform the tenant prior to their visit in Bournemouth on when the writ of possession would be executed, usually they deliver the writ and visit the property again the next day or 2 days after.
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 Bournemouth, they will have to provide the tenant a 7 days' notice.
The Dorset High court can 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 stay or set aside is given, then it's important for the tenant in Bournemouth to inform the HCEO themselves of these details because the High Court may not have provided them with the information.
Other applications aside from this, such as setting aside the original possession order must be directed to the Dorset County Court.
HCEOs in Bournemouth are commercial agencies certified by the High Court, they are not employees of the court.
In England and Wales, the names of authorized HCEOs are available from the HCEO's directory.
HCEOs commit to a code of practice.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Bournemouth unless the court orders otherwise.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Bournemouth.
The regulations stipulate that:
The time of entering the Dorset residential property is before 6 am or after 9 pm unless authorized otherwise by the court
Enter the Bournemouth premises if the only person available is a child under 16 years of age
To take or seize the basic household goods such as cooker, fridge or washing machine
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