The landlord in Chesterfield can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Chesterfield.
The High Court can impose a possession order in Chesterfield, Clay Cross, or Bolsover if:
If the High Court in Derbyshire has the possession hearing as this is quite unusual, though the normal thing is that when a Chesterfield 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.
When the Chesterfield property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
It is at the county court's discretion whether to require enforcement in Chesterfield, Clay Cross, or Bolsover to be referred to the High Court.
A request of transferring the possession order to the High Court can be made to County Court during the procession order proceedings by the Chesterfield landlord.
If the Chesterfield landlord wishes to transfer the proceedings to the High Court after the possession order has been made, then they will be required to fill out an application to the county court to do so.
The landlord can't make the application if there are outstanding issues such as if the tenant in Chesterfield has appealed against the order.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Bolsover, Chesterfield, or Clay Cross.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Chesterfield and this is commonly referred to as fi fa or Fieri facias writ.
Agreements regulated by the CCA cannot be enforced outside the Derbyshire county court, so if the debt is guided by the 1994 CCA (Consumer Credit Act), it is impossible to transfer enforcement to the High Court.
The Chesterfield landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
The execution in Chesterfield through HCEOs is quick than the bailiffs of county courts
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in Derbyshire
Avoiding any further damage to the assets or antisocial behaviour in Chesterfield
HCEOs have authority of execution of the possession order and also of seizing the goods in Chesterfield in case of money owned
Interest, currently at the rate of 8 percent, will accrue on the judgment debt for arrears from the moment the order is transferred.
The tenant can oppose the application to move enforcement in Chesterfield to the high court because the eviction is much faster and the costs of hiring a HCEO are higher than that of a county court bailiff in Derbyshire.
This may be because:
The landlord is yet to prove that there may delays if the case is handled by a county court's bailiffs in Chesterfield
The costs are higher than expected
S/he needs the extra time to find somewhere else to live in Clay Cross, Bolsover, or Chesterfield before an eviction is endorsed
The decision of the Chesterfield 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 landlord's application to transfer is accepted, by the Derbyshire county court, then the landlord needs to get high Court's consent before the assurance of the writ of possession unless if:
Furthermore, the permission required before serving warrant of possession is not necessary when there is a violation of order of possession including suspension orders in which violation includes non payment of money in Chesterfield.
When planning to request for permission for a possession order to be transferred to the High Court for enforcement (excluding cases such as mortgage repossession cases and cases against trespassers, the landlord in Chesterfield, Bolsover, or Clay Cross is required to provide the current inhabitants of the property with a notice of application.
The high court will not give permission unless every Chesterfield tenant is provided with the notice and the court considers it enough.
The notice can be given in any form in Derbyshire since there are no specific requirements.
What is acceptable depends on the particular case in question.
In the case of a sole occupant in Chesterfield that has had case in the High Court had acknowledged the notice, reminding them of the court order's terms and a request for possession is counted as enough notice.
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 Chesterfield.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Derbyshire by applying to High Court directly to take over the issue under section 41 of the County Court Act 1984 as well as by using form N293A in improper way.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
HCEOs usually enforce a possession order in Chesterfield faster than county court bailiffs.
The execution can be done just a couple of days after the landlord's application for permission to the High Court expires or the possession writ is issued in Bolsover, Chesterfield, or Clay Cross.
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 Chesterfield in the advance of their visit for the execution of the possession order.
The HCEO must give a tenant or creditor a seven day's prior notice when seeking to seize money or goods such as hearing costs and rent arrears and when seeking to repossess a property in Chesterfield.
The High Court in Derbyshire has the mandate to set aside or delay a possession writ, or control writ.
Applications can be made by filling out the N244 form while giving application to high court.
If the stay is issued or set aside, it is necessary that the respondent in Chesterfield advises the HCEO of this aspect where appropriate, since the High Court may not have notified the HCEO.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in Derbyshire.
HCEOs are known as commercial agencies powered by the High Court in Chesterfield.
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 required to follow practice code.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Chesterfield, unless it is ordered by the court.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Chesterfield when seizing tenant goods.
The regulations stipulate that:
The time of entering the Derbyshire residential property is before 6 am or after 9 pm unless authorized otherwise by the court
Enter a Chesterfield residential property if the only person present at the time is below the age of 16
Seize essential household items, such as washing machine and cooker
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