The other choice for enforcing a possession order by asking the county court to issue a warrant of possession is for the property owner in Crawley to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
The HCEOs in Crawley are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
The high court has the authority to impose the order of possession in Horsham, Burgess Hill, or Haywards Heath if:
The hearing was held at the High Court in West Sussex, this is unusual because if a landlord in Crawley applies in the High Court for a possession order, it will be transferred to the county court unless there are exceptional circumstances, such as complicated factual disputes or significant legal issues.
The property owner in Crawley applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Haywards Heath, Horsham, or Burgess Hill to the High Court.
The landlord in Crawley can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
Following acquisition of the order, the leaseholder in Crawley may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
A land owner cannot apply for a transfer if the tenant in Crawley has a pending application, for instance, an appeal against the notice of possession.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Horsham, Haywards Heath, or Burgess Hill and court fees that costs over £600.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Crawley and the writ is also known as a writ of Fieri facias or writ of fi fa.
Note that if the debt is under the regulation of the Consumer Credit Act 1974 (CCA), the West Sussex county court cannot transfer the possession order to the High Court for enforcement as the CCA regulates are enforceable in the county court.
Landlords in Crawley may request that the order be transferred to the High Court due to reasons which include:
High Court Enforcement Officers can carry out the eviction in Crawley quicker than bailiffs of the county court
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in West Sussex
It prevents further anti-social behaviour or destruction of property in Crawley
The HCEO is authorised to execute the possession order and seize possessions in Crawley in case cash is owed
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
The renter may decide to challenge the request to transfer enforcement in Crawley to high court considering that eviction is quicker and hiring an HCEO is costly compared to the West Sussex county court bailiff.
The explanations for the lease might include:
Insufficient evidence by the landlord in Crawley that the Count Court bailiffs will slow down the process
The costs involved are too high
The tenant needs extra time to find somewhere else to live in Horsham, Haywards Heath, or Burgess Hill
Extenuating circumstances such as children or rent arrears may play a major role in the court in Crawley when considered by the judge.
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 West Sussex county court, except in:
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 Crawley.
If permission is sought in the High Court to enforce a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Horsham, Haywards Heath, or Burgess Hill must notify every person in real possession of the property of the application.
If each tenant in Crawley isn't given the notice, the High Court shouldn't grant permission.
There are no specific instructions about what constitutes acceptable notice in West Sussex.
The time period of the notice will be determined on the cases facts.
In the case of a sole tenant in Crawley 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 Crawley to be set aside.
A couple of HCEOs in West Sussex have tried to avoid the legal process by going straight to the High Court to transfer the order under the section 41 of the 1984 County Court Act, or by inappropriately using the N293A form.
The Senior Master of the High Court (Queens Bench Division) releases a practice note on 21 March 2016 to block these loopholes and stop the unfair practices.
HCEOs usually enforce a possession order in Crawley 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 Haywards Heath, Horsham, or Burgess Hill.
The HCEO is not obligated to inform the tenant prior to their visit in Crawley on when the writ of possession would be executed, usually they deliver the writ and visit the property again the next day or 2 days after.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Crawley, they are bound to give a seven day notice to tenant.
Writ of possession or writ of control can be set aside by the High Court in West Sussex.
The applicants can use the Form N244 to submit an application in the High Court.
However, if the stay or set aside is granted, the tenant in Crawley must inform the HCEO because the High Court may not have told them.
The West Sussex county court is to set aside the original order of possession to apply for any other application.
HCEOs in Crawley are commercial firms authorised by the High Court, not employees of the court.
You can research for the list of the Directory of High Court Enforcement Officers, for the enforcement officers in England and Wales who have the approval to implement High Court writs.
HCEOs are required to follow practice code.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Crawley.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in Crawley.
The regulations stipulate that:
Go inside a premise of residence in West Sussex before 06:00 or after 21:00, unless the court has ordered it
Entering the property in Crawley while only a child under 16 years of age is present
Seize essential household items, such as washing machine and cooker
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