If a landlord in Camden doesn't want to issue a warrant for possession order, the landlord may apply for the transfer of the order to the High Court, then, the High Court Enforcement Officer (HCEO) will enforce the order.
High Court Enforcement Officers in Camden are also called certificated bailiffs, Sheriffs, or enforcement agents.
The High Court can enforce a notice of possession in Somerstown, Belsize Park, or Childs Hill if:
When the hearing of possession was in high court in Greater London, as this is not common because if a landlord in Camden makes an application for an order of possession in high court, it will be moved to county court unless there are special circumstances like complicated disputes.
When the Camden landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Childs Hill, Somerstown, or Belsize Park to the High Court.
During the county court possession hearings, a landlord in Camden can request that the possession order to be moved to the high court for enforcement.
Upon securing a possession warrant, the owner in Camden will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Camden, for instance, if tenant has appealed against possession order.
If there are rent arrears and the arrears are in excess of £ 600 together with any court costs, the landlord may also apply for a writ of control to recover the money owed in Somerstown, Childs Hill, or Belsize Park.
The control writ offers the power to grab and auction a debtor/renter's possessions in Camden and is usually to as either fiery facias or fi fa writ.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Greater London executes them as they are CCA regulated agreements.
The Camden landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
Enforcement in Camden is normally faster through HCEOs than the bailiffs of the county court
Delays in enforcement through County Court sheriffs in Greater London can cause a loss of rental income too
Prevention of more damage to the property and/or behaviour that is not social in Camden
HCEO has the right to enforce the possession order as well as seizing the goods in Camden if there is any pending rent
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
HCEOs offer faster eviction speed in Camden 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.
The tenant could have the following reasons:
The landlord has not given any proof that a delay will be caused if a county court bailiff is used in Camden
The costs involved are disproportionate
He/she needs more time to look for another place to live in Childs Hill, Somerstown, or Belsize Park before eviction
Often, the Camden court will take into consideration some circumstances surrounding the tenant's situation, such as if there are any children involved or whether the tenant has good rent arrears.
The landlord must obtain permission from the High Court before the writ of possession is issued if the landlord's application to transfer possession order is granted by the Greater London county court, except in:
The landlord may not need permission for the issue of a writ of possession in case of the possession order breach, and it is also not required in case of a possession order that is suspended where the breach is in money non-payment in Camden.
When permission is sought in the High Court to enforce a possession order (i.e. except in actions against trespassers and cases of mortgage repossession), the property owner in Belsize Park, Childs Hill, or Somerstown is to give notice of the application to 'every person in actual possession' of the property.
High Court is not allowed to permit until every tenant in Camden is given the notice that is deemed sufficient enough.
There are no specific instructions about what constitutes acceptable notice in Greater London.
What is acceptable depends on the particular case in question.
In the event that only one tenant in Camden is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
If the landlord has failed to provide enough notice or does not provide complete information to the court regarding pending appeals against the possession proceedings then, he may face set a side of the writ of possession even after its execution in Camden.
Many HCEOs in Greater London have tried to circumvent the correct procedure by explicitly appealing to the High Court to take over the matter according to section 41 of the County Court Act 1984, or improperly utilizing Form N293A (i.e. rather than trespassers, against tenants).
So, in order to prevent such malpractices, High Court's Senior Master issued a practice note on 21 March 2016.
Enforcement of a possession order in Camden is normally faster through HCEO as compared to the county court bailiffs.
An execution of a writ of possession by a High Court Enforcement Officers may occur just few days once the landlord's application to the High Court is expired or of the issue of the writ of possession in Belsize Park, Childs Hill, or Somerstown.
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 Camden in the advance of their visit for the execution of the possession order.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Camden, a seven-day notice must be issued to the tenant / creditor.
The Greater London high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
High Court Applications should be made on form N244.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Camden because the HCEO may not have received this notice from the High Court.
If there is any other application, for example, setting aside the initial possession order, it must be made to a county court in Greater London.
The role of commercial agencies is assigned to HCEOs in Camden and authorised by the High Court, not the Court employees.
Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.
HCEOs must conduct themselves to a code of practice.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Camden, unless the court has stated otherwise.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Camden with effect from 6 April 2014.
They must not:
Entering the residential premises in Greater London after 9pm or before 6am, except ordered by the court
Entering a property in Camden if the occupant is a child younger than 16
Carry important household goods such as a microwave, refrigerator or laundry
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