Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in Burton upon Trent is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in Burton upon Trent.
The High Court can enforce a notice of possession in Swadlincote, Barton-under-Needwood, or Repton if:
During Staffordshire high court possession hearing as the practice is uncommon considering that in case a leaseholder in Burton upon Trent applies for an ownership order in the court, it may be send to the regional court unless certain conditions such as complex disagreements are involved.
The landlord in Burton upon Trent requests the county court to transfer the possession order to the High Court for execution by an HCEO.
Only the county court judge has the choice of transferring to the High Court for enforcement in Repton, Barton-under-Needwood, or Swadlincote or not.
During the county court possession proceedings, the landlord in Burton upon Trent may request that the possession order, if made, be transferred for enforcement to the High Court.
Once the order of possession is obtained by the Burton upon Trent landlord, he can appeal before county court and request movement of order for purposes of implementation in high court.
A request for transfer may not be possible if there exists an outstanding request from a tenant in Burton upon Trent; e.g., petition against the possession order.
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 Barton-under-Needwood, Repton, or Swadlincote.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Burton upon Trent and this is commonly referred to as fi fa or Fieri facias writ.
If the debt is controlled by the (CCA) 1974 Consumer Credit Act, it cannot be transferred for enforcement to the High Court, as CCA regulated agreement can be enforced in the county court in Staffordshire.
There are various grounds for a land owner in Burton upon Trent to apply for the order transfer for implementation in high court, such as:
Enforcement in Burton upon Trent is normally faster through HCEOs as compared to county court bailiffs
Loss of rental income because delays in enforcement through the county court bailiffs in Staffordshire
Prevention of more damage to the property and/or behaviour that is not social in Burton upon Trent
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Burton upon Trent if they owe money
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
The tenants may object to transfer the possession to the High Court as the eviction in Burton upon Trent will happen quicker and they will be liable for higher costs as opposed to Staffordshire county court bailiffs.
Tenants may have the following reasons to object:
The Burton upon Trent landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The costs involved are disproportionate
Extra time is needed by the tenant to find some other place to live in Repton, Barton-under-Needwood, or Swadlincote after eviction
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 Burton upon Trent will consider.
If the application of the landlord to switch is given the green light by the Staffordshire county court, then, before having a writ of possession issued, the landlord needs to get permission from the High Court first, except in these circumstances:
In addition, permission is not required for serving the writ of possession due to a breach of a possession order and this includes suspended orders where the breach contains lack of paying money in Burton upon Trent.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Swadlincote, Barton-under-Needwood, or Repton when they have applied for the permission to enforce a possession order in the High court.
The High Court must not grant permission until each tenant in Burton upon Trent is given such notice as the Court considers sufficient.
When serving the notice, there are no set out requirements of the form in Staffordshire.
The facts of the case will determine sufficient notice.
When dealing with just one tenant in Burton upon Trent 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.
The Writ of Possession can be set aside after execution in Burton upon Trent 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 Staffordshire take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
Like we said earlier, Enforcement of a possession order in Burton upon Trent is quicker through HCEOs than the county court bailiffs.
The implementation of a writ of possession by an HCEO can take place in few days after the notice by the landlord to tenants expires or when the writ of possession is issued in Swadlincote, Repton, or Barton-under-Needwood.
The common practice is to drop off the writ and return within a day or two, however, it is not a specific requirement by the HCEO to inform the tenants in Burton upon Trent in the advance of their visit for the execution of the possession order.
Where a HCEO is planning to seize good and money as well as repossess the property in Burton upon Trent, they must prove the tenant /creditor with a 7 days' notice.
It is possible to obtain stay or invalidation of warrant of possession or control through the high courts in Staffordshire.
Form N244 should be used when applying to the high Court.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Burton upon Trent will inform the HCEO of this fact as the High Court may not have informed the HCEO.
The Staffordshire county court is to set aside the original order of possession to apply for any other application.
HCEOs in Burton upon Trent are High Court-approved private companies and not court workers.
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.
HCEOs are guided by a code of practice.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Burton upon Trent, unless it is ordered by the court.
New regulations governing the actions of bailiffs in Burton upon Trent were released and made effective from April 6, 2014.
The protocols include:
Go inside the Staffordshire residential premises earlier than 6 am or past 9 pm unless the court orders that
Enter the Burton upon Trent property if there is only a child present who is aged under 16
Take essential household goods like washing machine, fridge or cooker
Based in Burton upon Trent, working nationwide
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