A possession order can be forced by asking for a possession warrant from the county court and landlords in Bradford can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
In Bradford, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
A possession warrant may be imposed in Bradford, Bolton, or Keighley by the High Court if:
High Court in West Yorkshire has scheduled a hearing for possession order, but it is generally not observed as a landlord in Bradford's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
The landlord in Bradford shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
It is the county court judge that will determine if to transfer the enforcement in Bradford, Bolton, or Keighley to the High Court or not.
A request of transferring the possession order to the High Court can be made to County Court during the procession order proceedings by the Bradford landlord.
The Bradford 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.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Bradford tenant, such as an appeal against the possession order.
If court costs and rent arrears amounting to more than £600, then, the landlord may file for a writ of control to recover the amount in Bolton, Keighley, or Bradford.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Bradford and this is commonly referred to as fi fa or Fieri facias writ.
If the debt is governed by the 1974 Consumer Credit Act (CCA), it cannot be referred for compliance to the High Court as CCA controlled transactions can only be imposed in the county court in West Yorkshire.
A Bradford landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
Enforcement in Bradford is normally faster through HCEOs as compared to county court bailiffs
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in West Yorkshire
Prevention of additional property damage and/or antisocial behaviour in Bradford
The HCEO has the power to implement the order of possession and seize belongings in Bradford if money is owned
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
The tenant can oppose an application to transfer enforcement in Bradford to the High Court because the costs of using a HCEO are greater than the West Yorkshire county court bailiffs and the speed of eviction is fast in this case.
The tenant's causes can be:
No evidence from the landlord that there will be a significant delay using the county court bailiffs in Bradford
The involved cost are unbalanced
To locate somewhere else to stay in Bradford, Bolton, or Keighley until relocation, he / she need extra time
The Bradford court's decision to challenge the order transfer may be determined by a number of factors affecting the leaseholder including in the renter has a family or owes a considerable amount of rent arrears.
In case the county court in West Yorkshire 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:
Permission is also not a requirement for the possession writ issuance following the possession order breach, including a possession order that is suspended, where the breach include unpaid bills in Bradford.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Bradford, Bolton, or Keighley 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 Bradford is provided with the notice in the timeframe that is deemed sufficient by the Court.
The notice does not require any particular form in West Yorkshire.
Dependent on the facts of the case, is what is sufficient notice.
In the case of a sole tenant in Bradford 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.
Failure to provide enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Bradford.
Some HCEOs in West Yorkshire had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
Basically, an order of ownership in Bradford is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
HCEO can execute a writ of possession within a few days after the expiry of the notice of the landlord's application to the High Court or when the possession writ is provided in Bradford, Bolton, or Keighley.
Even though it is a frequent practice for a HCEO to deliver the writ and return a day or two later, there is no need for them to let the tenants in Bradford know in advance of their visit regarding when they will be carrying out the writ of possession.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Bradford, they must give the tenant or creditor a seven days' notice.
The West Yorkshire high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
The applicants can use the Form N244 to submit an application in the High Court.
So, it is the responsibility of the tenant in Bradford to inform HCEO if the stay is set aside or issued as the High court may not inform them.
To set aside the possession order that was original, all the applications must be made to the county court in West Yorkshire.
HCEOs in Bradford are commercial firms authorised by the High Court, not employees of the court.
The Register of High Court Compliance Officers comprises the lists of England and Wales enforcement officers approved to conduct writs from the High Court.
All high court enforcement officers must abide to a code of practice.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Bradford until unless the court orders otherwise.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Bradford.
The laws require that an HCEO should not:
Enter residential property in West Yorkshire before 6 am or after 9 pm unless the Court has authorised them
Enter the Bradford property if the person present is the child aged under 16
Seize important household items including fridges, washing machine or cooker
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