A possession order can be forced by asking for a possession warrant from the county court and landlords in Dudley can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Dudley.
The possession order from the High Court can occur in Eve Hill, Burnt Tree, or Dudley through these means:
The hearing of possession occurred within the High Court in West Midlands, this is bizarre, because if a landlord in Dudley does apply for a possession notice in the High Court, it would usually get transferred to the county court, and it would only stay there if there are unusual situations involved within the order.
When the Dudley landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
It is the choice of the County Court judge to permit the transference of enforcement in Burnt Tree, Eve Hill, or Dudley 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 Dudley landlord.
Upon securing a possession warrant, the owner in Dudley will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
A request for transfer may not be possible if there exists an outstanding request from a tenant in Dudley; e.g., petition against the possession order.
If court costs and rent arrears amounting to more than £600, then, the landlord may file for a writ of control to recover the amount in Burnt Tree, Eve Hill, or Dudley.
Tenants' goods can be seized and sold in Dudley under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only West Midlands County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
Landlords in Dudley 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 Dudley quicker than bailiffs of the county court
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in West Midlands
Reduce the chances of further damage to the property or any other anti-social behaviour in Dudley
The HCEO can both carry out the order and apprehend possessions in Dudley, when money is owed to the landlord
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
The tenant can oppose the application to move enforcement in Dudley 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 West Midlands.
The explanations for the lease might include:
The Dudley property owner has not provided proof that there will be some delays when county court bailiffs are used
The costs are higher than expected
The tenants need extra time to get an alternative housing arrangement in Eve Hill, Dudley, or Burnt Tree
Specific circumstances of the tenant, such as whether or not he/she has substantial rent arrears or children; will often be relevant factors that the court in Dudley will consider.
If the county court in West Midlands grants the application of the landlord to transfer order, the landlord will have to get high court permission before a writ of possession is served except in:
Similarly, you can continue with a breach of possession order without having to worry about the writ of possession and this also applies to the suspended possession order in Dudley.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Eve Hill, Dudley, or Burnt Tree is required to notify everyone in the property of the application and the only exceptions are if there are actions against trespassers or in cases involving mortgage repossession.
The High Court, therefore, cannot give permission until every person in Dudley involved with the possession order has received the notice sufficiently.
In West Midlands, it is not required to give the notice in a specific form.
The notice must include the fact of case; this is the vital part of the notice.
In the case of a sole tenant in Dudley, the landlord can send a reminder of the terms of the court if the tenant is already notified about the case being transferred to the High court.
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 Dudley.
Many HCEOs in West Midlands have tried to circumvent the correct procedure by explicitly appealing to the High Court to take over the matter according to section 41 of the County Court Act 1984, or improperly utilizing Form N293A (i.e. rather than trespassers, against tenants).
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
Enforcement of a possession order in Dudley is normally faster through HCEO as compared to the county court bailiffs.
A writ of possession can be executed by an HCEO a couple of days after the landlord's possession notice or issue of a possession of writ has expired or the possession writ is issued in Eve Hill, Dudley, or Burnt Tree.
An HCEO is not compelled to inform tenants in Dudley before making a trip in order to implement the possession writ as no such provision is provided, but, in some cases, you may find some HCEOs sending the summons a day or 2 before a visit to the property.
In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Dudley, they must serve a 7-days notice to the leaseholder.
The High Court in West Midlands has the right to keep or set aside a letter of possession or control.
You will need to complete form N244 during your application to high court.
If granted is the set aside or stay, it is important where possible, the tenant in Dudley informs the HCEO, from the HCEO the High Court may not have kept the truth.
However, another application such as to set aside the original permission order needs to be made to the County Court in West Midlands.
HCEO's in Dudley are not employed by court; however, they serve as business agencies mandated by high court.
The names of authorized HCEOs in Wales and England permitted to carry out an execution of High Court writs are contained in the HCEO directory.
All enforcement officers of the high court need to adhere to the practice code.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Dudley unless they are recommended by the court to do so.
Starting from the 6th of April, 2014, certain laws were put in place to govern activities of HCEOs and bailiffs in Dudley during seizure of tenant possessions.
Under these regulations, the HCEO is restricted from:
Enter residential property in West Midlands after 9 pm or before 6 am unless stated by the court
Entering the property in Dudley while only a child under 16 years of age is present
Take important household items like a fridge, washing machine, or cooker
Based in Dudley, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.