Having the county court issue a warrant of possession is an alternative to enforcing a possession order and the landlord in Eastbourne needs to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
The HCEO is also known by other names in Eastbourne, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
High court may impose a possession order in Polegate, Willington, or Seaford in 2 ways:
When the possession hearing takes place in the East Sussex High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Eastbourne applies for it in the High Court, however, the hearing can take place in the High Court in some exceptional situations like important points of law or complicated disputes of fact.
The landlord in Eastbourne wants to have the possession order transferred to the High Court for enforcement.
The transfer of enforcement in Polegate, Willington, or Seaford to the high court is determined by the judge of the county 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 Eastbourne landlord.
After the possession order is acquired the landlord in Eastbourne will need to apply to the county court and request that the order to be moved to the high court for implementation.
The landlord can't make the application if there are outstanding issues such as if the tenant in Eastbourne has appealed against the 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 Polegate, Seaford, or Willington.
Tenants' goods can be seized and sold in Eastbourne under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
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 East Sussex.
The reasons that may lead to a landlord in Eastbourne asking for a transfer of the order to the High Court for enforcement include that:
Enforcement in Eastbourne is usually faster by HCEOs than by county court bailiffs
Delays in implementation by the East Sussex county court bailiffs could cause the landlord to lose rental income
Avoiding any further damage to the assets or antisocial behaviour in Eastbourne
The HCEO can both seize goods and enforce the possession order in Eastbourne when money is owed
The interest on judgement debt for arrears, which is currently at the rate of 8%, will accumulate right from the transfer of the order.
As the eviction speed increases in Eastbourne and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in East Sussex, a tenant may want to object an application for transfer to the High Court of the enforcement.
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 Eastbourne
The costs of transfer of the order are too much
He/she needs more time to look for another place to live in Polegate, Willington, or Seaford before eviction
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 Eastbourne will consider.
If the landlord's request to transfer the possession order to the High Court is granted by the East Sussex county court, the landlord would then have to obtain the permission of the High Court ahead of the issuance of the writ of eviction, except in:
Permission is also not needed for the issue of a writ of possession, including a suspended possession order or lack of payment following the breach of a possession order in Eastbourne.
If the landlord in Seaford, Willington, or Polegate is in a possession to apply for the go ahead to enforce an order of possession in the High Court, he must ensure that all the people in actual possession of the property in question are notified.
Unless every occupant in Eastbourne is given the notice that the Court decides is enough, the High Court must not grant permission.
The order may be served in any format considering that there aren't specific requirements in East Sussex.
However, it should be according to the facts of the case.
If the case revolves around a single tenant in Eastbourne who is already aware of the case moving to high court, then a renter's reminder about order specifications and request of returning property possession qualifies as a satisfactory notice.
If the landlord has failed to provide enough notice or does not provide complete information to the court regarding pending appeals against the possession proceedings then, he may face set a side of the writ of possession even after its execution in Eastbourne.
The note came on the heels of the individualized activities of HCEOs in East Sussex, 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.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
Enforcement of a possession order in Eastbourne is normally faster through HCEO as compared to the county court bailiffs.
Execution of a letter of possession by a HCEO may occur only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the question of the letter of possession is given in Polegate, Willington, or Seaford.
The HCEO is not under obligation to provide advance notice to the Eastbourne tenants about when the writ of possession will be executed, however, they usually drop the writ with the tenant and revisit the tenant a day or two later.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Eastbourne, they must give the tenant or creditor a seven days' notice.
The High Court in East Sussex has the right to keep or set aside a letter of possession or control.
Form N244 should be used to send the stay or set aside applications to the High Court.
If the court grants the application, the tenant in Eastbourne must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in East Sussex.
HCEOs are known as commercial agencies powered by the High Court in Eastbourne.
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.
HCEOs commit to a code of practice.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Eastbourne unless the Court orders otherwise.
Regulations govern the action of HCEOs and all other bailiffs in Eastbourne while seizing goods with the effect from 6 April 2014.
According to these regulations HCEO is not allowed to:
Without the court orders, entering a residential property in East Sussex later than 9pm or prior to 6am
Entering the property in Eastbourne while only a child under 16 years of age is present
Remove household goods deemed essential; cookers, fridges, washing machines
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