Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in Dorset can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
The HCEO is also known by other names in Dorset, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
The High Court can enforce the possession order in Dorchester, Weymouth, or Ferndown under the following conditions:
During Dorset high court possession hearing as the practice is uncommon considering that in case a leaseholder in Dorset 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 landlord in Dorset shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
The regional court has the jurisdiction to determine whether or not to move enforcement in Ferndown, Weymouth, or Dorchester to high court.
During the County Court possession proceedings, the landlord in Dorset can request for the transfer of the possession order to the High Court for enforcement.
The Dorset landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Dorset, for instance, if tenant has appealed against possession order.
If there exists any unsettled rent and the total amount of arrears alongside court expenses are more than £600, the land owner may decide to apply for the control writ to get back the unpaid cash in Ferndown, Weymouth, or Dorchester.
The writ of control gives the authority in Dorset 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 Consumer Credit Act 1974 (CCA) regulated the debt, it could not be transferred to the High Court, as CCA regulated agreements can only be enforced in the county court in Dorset.
These are some reasons a landlord in Dorset could apply for a transfer to the High Court including:
HCEOs enforcements in Dorset are faster than enforcement by bailiffs of the county court
Delays in implementation by the Dorset county court bailiffs could cause the landlord to lose rental income
To avoid continued destruction of the property in Dorset as well as antisocial behaviour
The HCEO can enforce a possession order as well as seize the goods in Dorset when money is due
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
The renter may decide to challenge the request to transfer enforcement in Dorset to high court considering that eviction is quicker and hiring an HCEO is costly compared to the Dorset county court bailiff.
The reasons include but not limited to:
The property owner in Dorset has availed evidence that there will be a significant delay using the county court bailiffs
The costs involved are disproportionate
Extra time is needed by the tenant to find some other place to live in Ferndown, Dorchester, or Weymouth after eviction
The common factors of tenants that are classed as exceptional situations that court in Dorset might consider are overdue rent, children or any relevant factors.
If the application of the landlord to switch is given the green light by the Dorset 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:
Moreover, you don't need permission to issue a writ of possession if there is a breach of the possession order, including a violation of a suspended possession order by failing to pay money in Dorset as required.
Once the landlord in Weymouth, Dorchester, or Ferndown contains a permission for enforcement of possession order from high court, he is bound to deliver notices of application to each party who is residing or using the premises.
High Court is not allowed to permit until every tenant in Dorset is given the notice that is deemed sufficient enough.
The order may be served in any format considering that there aren't specific requirements in Dorset.
The notice must include the fact of case; this is the vital part of the notice.
In the case of a sole occupant in Dorset 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.
In case the renter fails to give sufficient notice or fails to provide the entire information to court concerning petitions against possession proceedings or pending claims, the order of possession may be put aside although having been implemented in Dorset.
The several incidents of HCEOs in Dorset trying to divert from the specified process by giving a direct application and taking charge of matter with the wrong usage of section 41 or N293A which is in opposition to tenants rather than trespassers.
On 21 March 2016, the court issued a practice note through the Senior Master of the High Court (Queens Bench Division) to stop these malpractices and illegal use of their powers.
Generally, possession order enforcement in Dorset is quicker via HCEO as opposed to 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 Dorchester, Weymouth, or Ferndown.
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 Dorset in the advance of their visit for the execution of the possession order.
Where a HCEO is planning to seize good and money as well as repossess the property in Dorset, they must prove the tenant /creditor with a 7 days' notice.
The high court in Dorset has the authority to either set aside or to stay the writ of possession or writ of control.
The N244 form should be used to make applications to the High Court.
If the tenant in Dorset is able to obtain the stay or set aside, he should notify the HCEO about the updated status as they may not be timely notified.
To set aside the possession order that was original, all the applications must be made to the county court in Dorset.
HCEOs in Dorset are actually not the court's employees rather they're from court authorized commercial companies.
In England and Wales, names of the enforcement officers authorised to execute High Court writs are contained in the Directory of High Court Enforcement Officers.
The HCEOs cannot carry out the evictions if they aren't subscribed to a code of practice.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Dorset - only if ordered by the court.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Dorset are governed by some regulations.
The regulations stipulate that:
The HCEO mustn't enter a residential property in Dorset before 6 am, or after 9 pm, without authorization from the court
Enter if the only person present in the house in Dorset is a child under the age of 16
Take the fridge, cooker, washing machine, or some other essential household items
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