When it comes to obtaining and enforcing a possession order, landlords in Brent have many options to choose from and ideally, applying for the same via the county court has been popular, yet, there is another viable option - the High Court Writ of Eviction.
High Court Enforcement Officers in Brent are also called certificated bailiffs, Sheriffs, or enforcement agents.
High Court can enforce the possession order in Brent Park, Church End, or Alperton if:
The hearing of possession occurred within the High Court in Greater London, this is bizarre, because if a landlord in Brent does apply for a possession notice in the High Court, it would usually get transferred to the county court, and it would only stay there if there are unusual situations involved within the order.
When the Brent property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
The transfer of enforcement in Brent Park, Alperton, or Church End to the high court is determined by the judge of the county court.
During the proceedings of a possession order in the county court, the landlord in Brent can plea enforcement to bed moved to the High Court.
Following the approval of the possession order, the landlord in Brent is required to apply to the county court for a transfer of enforcement of the possession order to the High Court.
The application for transfer cannot be made if the Brent tenant had made the appeal against the application of a landlord and they have strong points.
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 Church End, Brent Park, or Alperton.
The control writ offers the power to grab and auction a debtor/renter's possessions in Brent and is usually to as either fiery facias or fi fa writ.
Any debt that is controlled by the Consumer Credit Act (CCA), cannot be moved to the high court for execution because CCA regulated contracts can only be executed in the county court in Greater London.
There are various grounds for a land owner in Brent to apply for the order transfer for implementation in high court, such as:
The enforcement process in Brent is often quicker with the HCEO's than with a county court
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in Greater London
Prevent the expedition of property destruction in Brent or anti-social actions
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Brent if they owe money
Interest, currently at the rate of 8 percent, will accrue on the judgment debt for arrears from the moment the order is transferred.
Since the level of eviction is quicker in Brent but the expense of using a HCEO is greater than the county court bailiffs in Greater London, a plaintiff may want to respond to a proposal to shift compliance to the High Court.
The explanations for the lease might include:
Landlord's failure to provide evidence that there will be problems while using the county court bailiffs in Brent
The costs of transfer of the order are too much
The tenant may require more time to look for a new play to live in Church End, Brent Park, or Alperton before eviction takes place
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 Brent.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the Greater London county court, however, they won't need the permission in:
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 Brent as required.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Alperton, Brent Park, or Church End must give notice application to 'every person in actual possession' of the property.
High Court is not allowed to permit until every tenant in Brent is given the notice that is deemed sufficient enough.
There can be many forms of giving a notice as no particular requirement is mentioned in Greater London.
The facts of the case will determine sufficient notice.
When dealing with just one tenant in Brent who is aware of the transfer to the High Court, the landlord may just send a reminder, reminding the tenant of the court order and he should also remind the tenant to give up the possession.
If satisfactory notice is not provided by the landlord or he provides the court with insufficient information about the pending appeals or applications against hearings of possession, then the warrant of possession will get invalid even after execution in Brent.
There are cases where various HCEOs in Greater London trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
So, in order to prevent such malpractices, High Court's Senior Master issued a practice note on 21 March 2016.
Frequently, HCEO's enforcement of order of possession in Brent is frequently faster than the county court agents.
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 Alperton, Brent Park, or Church End.
There is no requirement for a HCEO to notify tenants in Brent in advance of their visit when they will execute the possession letter, although it is common practice for them to drop the letter and return one or two days later.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in Brent and seizing goods and payment in form of court costs and owed rent.
The High Court in Greater London has the authority to stay or set aside a writ of possession.
Form N244 should be used to make an application to the High Court.
However, if the stay or set aside is granted, the tenant in Brent must inform the HCEO because the High Court may not have told them.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in Greater London.
HCEOs in Brent are commercial firms authorised by the High Court, not employees of the court.
All enforcement officers in England and Wales authorized by the High Court to execute writs are listed in the Directory of High Court Enforcement Officers.
All enforcement officers in high court should adhere to the code of service.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Brent, unless in the situation where the court orders so.
Starting from the 6th of April, 2014, certain laws were put in place to govern activities of HCEOs and bailiffs in Brent during seizure of tenant possessions.
The protocols include:
Enter residential property in Greater London before 6 am or after 9 pm unless the Court has authorised them
Go inside the building in Brent in case the person within is a child below the age of 16 years
Take vital household goods like a cooker, fridge or washing machine
Based in Brent, 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.