The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in Bristol has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Bristol.
The High Court can enforce the possession order in Canon's Marsh, Arno's Vale, or Barton Hill under the following conditions:
The Bristol High Court can also enforce the possession order when the possession order's hearing was in the High Court as this process is unusual because the Bristol landlord ought to have applied to the county court except in some cases when there may be important facts of law or complicated disputes of fact, only then can the application of a possession order in a High Court can be accepted.
The landlord in Bristol shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
It is at the county court's discretion whether to require enforcement in Arno's Vale, Barton Hill, or Canon's Marsh to be referred to the High Court.
The landlord in Bristol can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
The Bristol landlord needs to make an application to the county court after obtaining the possession order and in this application, they request to transfer the order to the High Court for Enforcement.
An application for transfer cannot be made if there are any outstanding applications from the Bristol tenant, For instance, if the tenant has made an appeal against the possession order.
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 Arno's Vale, Barton Hill, or Canon's Marsh.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Bristol.
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 Bristol.
If a landlord in Bristol is applying for possession order transfer to the High Court for enforcement, it may be because:
The implementation in Bristol is usually quicker when handled by HCEOs as compared to county court sheriffs
Delays in enforcement through County Court sheriffs in Bristol can cause a loss of rental income too
Prevent the expedition of property destruction in Bristol or anti-social actions
The HCEO can both seize goods and enforce the possession order in Bristol when money is owed
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
The costs of using an HCEO for eviction in Bristol are higher than the Bristol county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement to the High Court.
The tenant may cite the following reasons:
The landlord in Bristol may have no proof that using the county court bailiff would delay the case
The prices are excessive and/or disproportionate
The tenant may require more time to look for a new play to live in Canon's Marsh, Barton Hill, or Arno's Vale before eviction takes place
Specific circumstances of the tenant, such as whether or not he/she has substantial rent arrears or children; will often be relevant factors that the court in Bristol will consider.
It is a must for the landlord to get permission from the high court if he/she wants to transfer the application granted by the County court in Bristol, apart from when:
Also, permission is not required for issuing a possession writ following a possession order infringement, including a possession order that is suspended, where the infringement involves non-payment of money in Bristol.
When permission is sought from the High Court, it is liable for the landlord in Barton Hill, Arno's Vale, or Canon's Marsh to give notice of the application every person involved in actual possession of the property - except in the debt recovery or cases against the intruders.
The High Court shall not give permission until every tenant in Bristol is provided notice as is deemed appropriate by the Court.
The notice does not require any particular form in Bristol.
Sufficient proof depends on the facts of the case.
If the case revolves around a single tenant in Bristol who is already aware of the case moving to high court, then a renter's reminder about order specifications and request of returning property possession qualifies as a satisfactory notice.
The Writ of Possession can be set aside after execution in Bristol 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.
Some HCEOs in Bristol may not follow the correct procedure and they apply straight to the high court to take over a suit or use Form N293A to circumvent the proper process and can apply directly to the High Court to take over a matter and were misusing Form N293A.
On 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
HCEOs usually enforce a possession order in Bristol faster than county court bailiffs.
It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in Barton Hill, Canon's Marsh, or Arno's Vale.
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 Bristol know in advance of their visit regarding when they will be carrying out the writ of possession.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Bristol, a seven-day notice must be issued to the tenant / creditor.
Only the High Court in Bristol has the power to stay or set aside a writ of possession, or writ of control.
All applications to the High Court must be made on form N244.
So, it is the responsibility of the tenant in Bristol to inform HCEO if the stay is set aside or issued as the High court may not inform them.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Bristol.
The role of commercial agencies is assigned to HCEOs in Bristol and authorised by the High Court, not the Court employees.
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.
All high court enforcement officers must abide to a code of practice.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Bristol.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Bristol.
The rules include the requirements that the HCEO must not:
HCEOs must not enter a Bristol residential property before 6am and after 9pm, except if the court authorized that
Entering the property in Bristol while only a child under 16 years of age is present
Take household goods such as fridge, cooker, washing machine, and many more
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