Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in East Sussex is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in East Sussex.
The possession order from the High Court can occur in Bexhill, Hastings, or Eastbourne through these means:
The possession hearing was in the High Court in East Sussex which is rare because if a landlord in East Sussex applies in the high court for a possession warrant, it will be moved to the county court unless there are exceptional circumstances such as complex factual conflicts or important legal issues.
The landlord in East Sussex wants to have the possession order transferred to the High Court for enforcement.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Bexhill, Hastings, or Eastbourne to the high court or not.
If the possession order is approved during the possession hearing at the county court, the East Sussex landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.
The landlord in East Sussex must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
A request for transfer may not be possible if there exists an outstanding request from a tenant in East Sussex; 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 Hastings, Bexhill, or Eastbourne.
A writ of control allows the landlord in East Sussex to seize and sell the tenants goods which is also known as a writ of Fieri facias or writ of fi fa.
If the debt is controlled by the (CCA) 1974 Consumer Credit Act, it cannot be transferred for enforcement to the High Court, as CCA regulated agreement can be enforced in the county court in East Sussex.
A East Sussex landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
The implementation in East Sussex is usually quicker when handled by HCEOs as compared to county court sheriffs
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in East Sussex
Further damage to the East Sussex property and anti-social behaviours are prevented
If there are rent arrears, HCEOs are empowered to confiscate goods in East Sussex 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.
The tenant can oppose an application to transfer enforcement in East Sussex to the High Court because the costs of using a HCEO are greater than the East Sussex county court bailiffs and the speed of eviction is fast in this case.
The tenant could have the following reasons:
The East Sussex landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The prices are excessive and/or disproportionate
They would require more time to find another place to live in Eastbourne, Hastings, or Bexhill before eviction
The common factors of tenants that are classed as exceptional situations that court in East Sussex might consider are overdue rent, children or any relevant factors.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the East Sussex county court, however, they won't need the permission in:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in East Sussex.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Eastbourne, Hastings, or Bexhill must give notice application to 'every person in actual possession' of the property.
The high court will not give permission unless every East Sussex tenant is provided with the notice and the court considers it enough.
There are no laid down rules for providing the notice in East Sussex.
Enough notice will be decided upon the cases facts.
In the case of a sole tenant in East Sussex 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 could be sufficient notification.
Failing to provide sufficient notice, or to provide full information to the Court about pending applications or court appeals against the possession proceedings, can cause writ possession to be set aside, ever after its execution in East Sussex.
There are cases where various HCEOs in East Sussex trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
Basically, an order of ownership in East Sussex is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
An execution of a writ of possession by a High Court Enforcement Officers may occur just few days once the landlord's application to the High Court is expired or of the issue of the writ of possession in Bexhill, Hastings, or Eastbourne.
An HCEO is not compelled to inform tenants in East Sussex 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.
The HCEO must give the tenant a seven days' notice if they are seeking to seize money or goods, and recover possession of the property in East Sussex.
The High Court in East Sussex has the authority to stay or set aside a writ of possession.
Applications should be made on form N244.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in East Sussex because the HCEO may not have received this notice from the High Court.
Any other application must be made through the East Sussex county court, for example, setting aside the possession order that was original.
The role of commercial agencies is assigned to HCEOs in East Sussex and authorised by the High Court, not the Court employees.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
All enforcement officers of the high court need to adhere to the practice code.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in East Sussex, unless the court has stated otherwise.
Since 6 April 2014, HCEOs and other bailiffs in East Sussex have been required to operate in accordance with a set of rules.
The regulations have requirements that a HCEO must not:
Enter residential property in East Sussex after 9 pm or before 6 am unless stated by the court
Enter the East Sussex property if there is only a child present who is aged under 16
Taking essential household goods example washing machine, cooker or fridge
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