If a landlord in Darlington 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.
HCEOs are also called law enforcement officers, sheriffs or certified bailiffs in Darlington.
The imposition of possession order through high court is possible in Darlington, Bishop Auckland, or Newton Aycliffe by two methods:
During Durham high court possession hearing as the practice is uncommon considering that in case a leaseholder in Darlington applies for an ownership order in the court, it may be send to the regional court unless certain conditions such as complex disagreements are involved.
The possession order can be transferred to the High Court for enforcement when the Darlington landlord applies for it in the county court.
It's often the decision of the judge at the county court if the order in Bishop Auckland, Newton Aycliffe, or Darlington will be allowed to get transferred to the High Court.
During the County Court possession proceedings, the landlord in Darlington can request for the transfer of the possession order to the High Court for enforcement.
The Darlington landlord may seek to withdraw and transfer the enforcement even after obtaining the possession order at the county court, he would need to go back to the county court and apply to the High Court for enforcement.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Darlington tenant, such as an appeal against the possession order.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Darlington, Bishop Auckland, or Newton Aycliffe, and if courts cost in addition to rents owed is more than £600.
Formerly and still popularly referred to as a writ of Fieri facias or writ of fi fa, a writ of control allows the tenant/debtors belongings to be seized or sold in Darlington.
Any debt that is controlled by the Consumer Credit Act (CCA), cannot be moved to the high court for execution because CCA regulated contracts can only be executed in the county court in Durham.
There are several reasons as to why the Darlington landlord may request for transfer of order for enforcement in the high court and they are:
The enforcement process in Darlington is often quicker with the HCEO's than with a county court
Loss of rental income because delays in enforcement through the county court bailiffs in Durham
Avoiding any further damage to the assets or antisocial behaviour in Darlington
If there are rent arrears, HCEOs are empowered to confiscate goods in Darlington as well as enforce the possession order
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Darlington than the bailiffs of Durham County Court so, a tenant can oppose the application to transfer the possession order to the High court.
The tenant's causes can be:
The landlord has not given any proof that a delay will be caused if a county court bailiff is used in Darlington
The costs involved are not proportionate
Extra time is needed by the tenant to find some other place to live in Newton Aycliffe, Bishop Auckland, or Darlington after eviction
Often, the Darlington 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.
If the application of the landlord to switch is given the green light by the Durham 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:
More so, consent is not needed for giving out order of possession because of violation of an order of possession and this involves hanging orders where violation entails lack of money to pay in Darlington.
The moment an application to enforce a possession order has been sent to court, a property owner in Newton Aycliffe, Darlington, or Bishop Auckland should be ready to notify each party occupying the property regarding the order application.
The High Court, therefore, cannot give permission until every person in Darlington involved with the possession order has received the notice sufficiently.
There is no specific requirement of notice to be served in a set form in Durham.
Dependent on the facts of the case, is what is sufficient notice.
In the event that only one tenant in Darlington 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.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Darlington.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in Durham.
So, in order to prevent such malpractices, High Court's Senior Master issued a practice note on 21 March 2016.
Generally, a possession order is normally enforced in Darlington faster through HCEOs than bailiffs from the county court.
HCEOs require few days to enforce warrant of possession if the application notice of permission expires or after issuance of warrant of possession in Darlington, Bishop Auckland, or Newton Aycliffe.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Darlington although it is common practice for them to drop off the writ and return a day or two later.
On the other hand, a HCEO must provide the tenant/creditor with a seven days' notice in case they are looking for goods and money, like rent debts and expenses and regain the possession of the residence in Darlington.
High court in Durham enjoys the powers to set aside or uphold possession or control writ.
Applications can be made by filling out the N244 form while giving application to high court.
However, if the stay or set aside is granted, the tenant in Darlington must inform the HCEO because the High Court may not have told them.
Otherwise, other applications, including setting aside the original possession order must be made to the Durham county court.
The High Court authorizes the HCEOs as commercial agencies in Darlington, thus, they are not on the court's payroll.
In Wales and England, the directory of HCEO's has names of all enforcement officers who are authorized to enforce high court writs.
All enforcement officers in high court should adhere to the code of service.
A possession writ shall not be executed on a Sunday, Good Friday or Christmas Day in Darlington, unless otherwise ordered by the court.
The actions of all other bailiffs and the HCEOs when goods are seized in Darlington are in effect from 6 April 2014.
The regulations have requirements that a HCEO must not:
Enter the Durham property before 6am or after 9pm unless when ordered by the court
Entering a property in Darlington if the occupant is a child younger than 16
Taking essential household goods example washing machine, cooker or fridge
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