A landlord in Crewe can apply to transfer a possession order to the High Court Enforcement Office (HCEO) as an alternative to enforcing the process with a request from a county court to give a warrant possession notice.
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Crewe.
You can enforce possession order in Crewe, Northwich, or Chorley through the High Court when:
The possession hearing was in the High Court in Cheshire as this is unusual since if a property owner in Crewe applies for a possession order in the High Court, it will be transferred to the County Court unless there are special cases, like complicate disagreements of fact or significant points of law.
The Crewe landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
It is at the county court's discretion whether to require enforcement in Crewe, Northwich, or Chorley to be referred to the High Court.
At the hearings of possession in the regional court, the owner of property in Crewe may request for the order of possession be transferred to high court to be implemented starting from there.
Following acquisition of the order, the leaseholder in Crewe may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
If there are any applications made by the Crewe tenant, such as a possession order appeal against, an application for move cannot go through.
If the court costs and other arrears make up over £600, it is at the discretion of the landlord to apply for a writ of control in order to recover the outstanding money in Chorley, Crewe, or Northwich.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Crewe - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
Agreements regulated by the CCA cannot be enforced outside the Cheshire 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.
These are some reasons a landlord in Crewe could apply for a transfer to the High Court including:
The enforcements in Crewe get quicker through HCEOs as compared with the bailiffs of County Court
Loss of rental income because of delay in enforcement through the Cheshire county court bailiffs
Prevention of additional property damage and/or antisocial behaviour in Crewe
The HCEO can both seize goods and administer the order of possession in Crewe, when there are unsettled bills
An interest rate of 8% will be accrued for judgement debt arrears from the start of the order transfer.
As the eviction speed increases in Crewe and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Cheshire, a tenant may want to object an application for transfer to the High Court of the enforcement.
Some reasons the tenant may give include:
The Crewe landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The costs involved are disproportionate
The period of delay before eviction affords the tenant the opportunity to find another place to live in Crewe, Chorley, or Northwich
The Crewe court's decision about the order transference is affected by a number of factors, for instance, in case there are children with tenants or presence of notable rental arrears.
If the application of the landlord to switch is given the green light by the Cheshire 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:
Also, permission is not required for issuing a possession writ following a possession order infringement, including a possession order that is suspended, where the infringement involves non-payment of money in Crewe.
When permission is sought from the High Court, it is liable for the landlord in Northwich, Crewe, or Chorley to give notice of the application every person involved in actual possession of the property - except in the debt recovery or cases against the intruders.
High Court is not allowed to permit until every tenant in Crewe is given the notice that is deemed sufficient enough.
The notice does not require any particular form in Cheshire.
The details of the case determined the duration of notice that is sufficient.
Once a tenant in Crewe already knows that there has been a transfer of the order to the High Court, a notice such as a reminder of the stipulations in the court order and a request that the tenant leaves the property may be regarded as sufficient.
Failure to provide enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Crewe.
The note came on the heels of the individualized activities of HCEOs in Cheshire, such as the inappropriate use of Form N293A against tenants and not trespassers, and the direct application to the High Court to take over the case on the premise of Section 41 of the County Court Act 1984.
On 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
Compared to using county bailiffs, enforcing a possession order in Crewe by HCEOs is faster.
An HCEO has the ability to implement a possession writ within some few days following expiry of the order application by the asset owner for consent or possession writ issuance in Northwich, Crewe, or Chorley.
The HCEO is not expected to notify the tenants earlier of their visit in Crewe about when they will be administering the writ of possession, although is normal for them to drop off the writ and return after 1 or two days.
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 Crewe.
The High Court in Cheshire can set aside or stay a writ of control or a writ of possession application.
The applicants can use the Form N244 to submit an application in the High Court.
If granted is the set aside or stay, it is important where possible, the tenant in Crewe informs the HCEO, from the HCEO the High Court may not have kept the truth.
Additional applications such as an annulment of the original order of possession must be submitted to the Cheshire county court.
The role of commercial agencies is assigned to HCEOs in Crewe and authorised by the High Court, not the Court employees.
The enforcement officers, who are authorized to execute High Court writs in England and Wales, are listed on the Directory of High Court Enforcement Officers.
High Court enforcement officers practice a code of conduct.
A possession writ shall not be executed on a Sunday, Good Friday or Christmas Day in Crewe, unless otherwise ordered by the court.
New regulations governing the actions of bailiffs in Crewe were released and made effective from April 6, 2014.
The rules include the requirements that the HCEO must not:
Go inside a premise of residence in Cheshire before 06:00 or after 21:00, unless the court has ordered it
Enter a Crewe residential property if the only person present at the time is below the age of 16
Take key household goods such as washing machine, fridge or cooker
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