Having the county court issue a warrant of possession is an alternative to enforcing a possession order and the landlord in Bromley needs to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
High Court Enforcement Officers in Bromley are also called certificated bailiffs, Sheriffs, or enforcement agents.
The imposition of possession order through high court is possible in Southend, Locksbottom, or Farnborough by two methods:
If the High Court in Greater London has the possession hearing as this is quite unusual, though the normal thing is that when a Bromley landlord approaches the High Court to apply for a possession order, the order will be transferred to the County Court, and the exceptions are disputes of points of law or of fact.
If the Bromley landowner writes to request the regional court to move the possession order to high court where it can be executed by a representative from high court.
The county court judge has to decide whether to allow the transfer of enforcement in Southend, Farnborough, or Locksbottom to the High Court.
The landlord in Bromley can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
After the possession order is acquired the landlord in Bromley will need to apply to the county court and request that the order to be moved to the high court for implementation.
Application for transfer can't be made in case there is any outstanding application from a tenant in Bromley, for example, an appeal against the order of possession.
Or if the tenant has rent arrears, when coupled together with court costs come to more than £600, a landlord can apply to get a writ of control which will enable them to recoup any debited money in Locksbottom, Farnborough, or Southend.
A writ of control provides for the sale and seizure of the tenant's goods in Bromley - this was formerly known as a writ of fi fa or writ of Fieri facias.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in Greater London can only be enforced by the County Court.
A Bromley landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
Enforcement in Bromley by HCEO is usually faster than the county court bailiff enforcement
Rental income losses caused by delays in enforcement through the bailiffs of the county court in Greater London
Avoid further property damage in Bromley and any antisocial behaviour of the tenants
The HCEO can enforce a possession order as well as seize the goods in Bromley when money is due
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
HCEOs offer faster eviction speed in Bromley and are more expensive than the bailiffs in County Court in Greater London, thus, a tenant may not be comfortable with the transfer arrangement and kick against it for a wide range of reasons.
These reasons include:
The property owner in Bromley has availed evidence that there will be a significant delay using the county court bailiffs
The involved cost are unbalanced
They need extra time to find a place before eviction in Southend, Locksbottom, or Farnborough
The decision of the Bromley court to oppose the transfer of order will be influenced by several factors that affect the tenant such as if the tenant has children or has significant rent arrears.
In case the county court in Greater London 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:
If the possession order is breached, the writ of possession can be issued without permission, and the breach may include the suspension of a possession order, especially when rent arrears are a part of the breach in Bromley.
When permission is obtained in the High Court to impose a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Farnborough, Locksbottom, or Southend must inform' any person in real possession' of the property of the demand.
The High Court, therefore, cannot give permission until every person in Bromley involved with the possession order has received the notice sufficiently.
When serving the notice, there are no set out requirements of the form in Greater London.
The facts of the case will help with determining the sufficient notice.
In the case of a sole tenant in Bromley, the landlord can send a reminder of the terms of the court if the tenant is already notified about the case being transferred to the High court.
If the landlord does not give adequate notice or fail to offer information that is complete to the Court about any pending appeals or applications against the proceedings for possession, this could cause the possession writ, even after its execution in Bromley to be set aside.
Some HCEOs in Greater London 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.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
HCEOs usually enforce a possession order in Bromley faster than 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 Farnborough, Southend, or Locksbottom.
HCEO does not need any requirement to notify the tenants in Bromley in advance of their visit and the time they will execute the writ of possession, although it is common practice to drop off the writ and return a few days later.
In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Bromley, they must serve a 7-days notice to the leaseholder.
The Greater London 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.
In case the stay or set aside is obtained, it's important where applicable, that the Bromley tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
To set aside the possession order that was original, all the applications must be made to the county court in Greater London.
HCEOs in Bromley are commercial firms authorised by the High Court, not employees of the court.
If you need to check the names of enforcement officers in England and Wales, there is a Directory of High Court Enforcement Officers who have been authorized to execute High Court writs.
HCEOs are guided by a code of practice.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Bromley unless they are recommended by the court to do so.
The actions of all other bailiffs and the HCEOs when goods are seized in Bromley are in effect from 6 April 2014.
These restrictions mean that HCEOs cannot:
Reach a residential property in Greater London by 6 a.m. or 9 p.m., as approved by the judge
Go inside the Bromley house if the only person there is a child of 16 years of age and below
Take household goods such as fridge, cooker, washing machine, and many more
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