The landlord in Chelsea can get enforcement by high court enforcement officer by simply applying to the county court to transfer its possession order from county court to High Court which is also an alternative to possession order implementation by the issuance of the warrant of possession from the County Court.
HCEOs are also referred to in Chelsea as enforcement agents, certified bailiffs or Sheriffs.
On order of possession can be imposed in Worlds End Estate, Chelsea, or Coleridge Gardens via the high court into two ways:
The hearing of possession occurred within the High Court in Greater London, this is bizarre, because if a landlord in Chelsea 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.
The landlord in Chelsea shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
County court determines if the enforcement in Chelsea, Coleridge Gardens, or Worlds End Estate can be transferred to high court.
The Chelsea landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
Following the approval of the possession order, the landlord in Chelsea is required to apply to the county court for a transfer of enforcement of the possession order to the High Court.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Chelsea tenant, such as an appeal against the possession order.
Another scenario is recovering the debt if the overdue rent is over £600, the landlord applies for the writ of control to recover money in Worlds End Estate, Chelsea, or Coleridge Gardens.
The writ of control gives the authority in Chelsea to seize and sell tenant/debtor's goods and it is commonly known as a writ of fi fa or writ of Fieri facias.
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 Greater London.
The reasons why a landlord in Chelsea may request that the order be transferred for enforcement to the High Court include:
Implementation in Chelsea by HCEOs is usually faster than by county court bailiffs
Greater London County court bailiffs may indirectly cause a reduction in rental income since their enforcement takes a longer time
It prevents further anti-social behaviour or destruction of property in Chelsea
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Chelsea too
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
The renter may decide to challenge the request to transfer enforcement in Chelsea to high court considering that eviction is quicker and hiring an HCEO is costly compared to the Greater London county court bailiff.
These reasons include:
Insufficient evidence by the landlord in Chelsea that the Count Court bailiffs will slow down the process
The total costs involved are not proportionate
He/she is looking for some extra time to find a place to stay in Chelsea, Coleridge Gardens, or Worlds End Estate before vacating
The Chelsea court's decision to challenge the order transfer may be determined by a number of factors affecting the leaseholder including in the renter has a family or owes a considerable amount of rent arrears.
If the County Court in Greater London grants the landlord's transfer application, the writ of possession can't be issued until there is expressed permission by the High Court, and the exceptions to the rule are:
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 Chelsea.
The moment an application to enforce a possession order has been sent to court, a property owner in Worlds End Estate, Chelsea, or Coleridge Gardens should be ready to notify each party occupying the property regarding the order application.
The High Court will not award approval except each tenant in Chelsea has such notice as the Court feels is enough.
In Greater London, it is not required to give the notice in a specific form.
Details of the suit will decide if the order is sufficient.
In the case of a sole tenant in Chelsea who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession might be enough notice.
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 Chelsea to be set aside.
Some HCEOs in Greater London apply directly to the High Court to take over the matter in the struggle of circumventing the correct procedure. It can be carried out under section 41 of the County Court Act 1984.
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
Normally, HCEOs can execute an order of possession in Chelsea more quick than the county court's bailiffs.
The execution of a letter of possession by a HCEO may take place only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the issue of the letter of possession in Chelsea, Worlds End Estate, or Coleridge Gardens.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Chelsea although it is common practice for them to drop off the writ and return a day or two later.
HCEO must give notice of seven days when seeking possession of the property in Chelsea and to seize the goods or cost to recover the overdue rent.
The High Court in Greater London has the authority to stay or set aside a writ of possession.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
If the staying or setting aside is acquired, it is vital where necessary, that the Chelsea leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Greater London.
High Court Enforcement Officers in Chelsea are not employees of the court, but they are commercial agencies authorized by the high court.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
HCEOs are required to follow practice code.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Chelsea unless the court orders otherwise.
Starting from the 6th of April, 2014, certain laws were put in place to govern activities of HCEOs and bailiffs in Chelsea during seizure of tenant possessions.
The protocols include:
The time of entering the Greater London residential property is before 6 am or after 9 pm unless authorized otherwise by the court
Go inside the building in Chelsea in case the person within is a child below the age of 16 years
Seize important household items including fridges, washing machine or cooker
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