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High Court Writ Eviction In Eastleigh In Hampshire

How The High Court In Eastleigh, Hampshire, Enforces A Warrant For Possession

The landlord in Eastleigh can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.

HCEO's are commonly referred to as agents of enforcement, or Sheriffs in Eastleigh.

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Grounds For Enforcing A Notice Of Possession In The High Court In Hampshire's Eastleigh

A possession order can be applied in Romsey, Compton-Otterbourne, or Bishopstoke through the High Court when:

When the hearing of possession was in high court in Hampshire, as this is not common because if a landlord in Eastleigh makes an application for an order of possession in high court, it will be moved to county court unless there are special circumstances like complicated disputes.

If the owner of the property in Eastleigh appeals the transfer of possession order from county to high court for HCEO implementation.

Applying For Transfer Of Enforcement To The High Court In Hampshire's Eastleigh

The decision to permit the transfer of enforcement in Bishopstoke, Romsey, or Compton-Otterbourne to the High Court is solely taken by the county court judge.

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During Or Prior To The Hearings Of Possession In Eastleigh In Hampshire

If the possession order is approved during the possession hearing at the county court, the Eastleigh landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.

After The Order Of Possession Is Made In Eastleigh In Hampshire

Once the landlord in Eastleigh obtains the possession order, he/she will be required to apply to the County Court for the transfer of it to the High Court for enforcement.

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When An Application Cannot Be Made In Hampshire's Eastleigh

A request for transfer may not be possible if there exists an outstanding request from a tenant in Eastleigh; 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 Compton-Otterbourne, Romsey, or Bishopstoke.

The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Eastleigh and this is commonly referred to as fi fa or Fieri facias writ.

However, the debt cannot be transferred to the High Court if the debt or rent arrears are regulated by the Consumer Act 1974 (CCA), that is because agreements regulated by the CCA can only be enforced in the Hampshire county court.

Why A Landlord In Hampshire's Eastleigh Can Apply For A High Court Transfer

The reasons why a landlord in Eastleigh may request that the order be transferred for enforcement to the High Court include:

Enforcement in Eastleigh is usually faster by HCEOs than by county court bailiffs

Rental income losses caused by delays in enforcement through the bailiffs of the county court in Hampshire

Prevent the expedition of property destruction in Eastleigh or anti-social actions

The HCEO can both seize goods and administer the order of possession in Eastleigh, when there are unsettled bills

At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.

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Reasons For A Tenant To Oppose A Transfer To The High Court In Hampshire's Eastleigh

Because the speed of eviction in Eastleigh is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Hampshire county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.

The reasons for the tenant may be:

Landlord's failure to provide evidence that there will be problems while using the county court bailiffs in Eastleigh

The total costs involved are not proportionate

The tenant needs enough time to find alternative accommodation in Romsey, Bishopstoke, or Compton-Otterbourne

The Eastleigh court's decision about the order transference is affected by a number of factors, for instance, in case there are children with tenants or presence of notable rental arrears.

The Requirements For High Court Permission In Eastleigh, Hampshire

If the Hampshire county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except in:

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Actions Against Trespassers In Eastleigh

Cases Of Repossession Of Mortgages In Eastleigh

The landlord may not need permission for the issue of a writ of possession in case of the possession order breach, and it is also not required in case of a possession order that is suspended where the breach is in money non-payment in Eastleigh.

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Landlord's Notice Of Application For Permission In Eastleigh In Hampshire

When planning to request for permission for a possession order to be transferred to the High Court for enforcement (excluding cases such as mortgage repossession cases and cases against trespassers, the landlord in Bishopstoke, Romsey, or Compton-Otterbourne is required to provide the current inhabitants of the property with a notice of application.

The High Court must not grant permission until each tenant in Eastleigh is given such notice as the Court considers sufficient.

There is no particular method for sending the notice to those in Hampshire.

The facts of the case will determine sufficient notice.

If there is only one tenant in Eastleigh in the property who is already aware that the case has been transferred to the High Court, in this case, a reminder of the terms of the court order from the landlord and a request that possession is given up can be considered sufficient notice.

If the landlord fails to provide enough notice or does not give all the details to the court about appeals against possession hearings or pending applications, the writ of possession can be set aside even after it has been executed in Eastleigh.

High Court Practice Note On Hceos In Eastleigh, Hampshire

Some HCEOs in Hampshire apply to the High Court directly to take over the case through Form N293A or Section 41, the County Court Act 1984, and they thus bypass the normal procedure.

On 21 March 2016, a practice note was issued by the Senior Master of the High Court in order to ensure that these malpractices stop.

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Hceo's Execution Notice Of A Writ Of Possession In Eastleigh In Hampshire

Like we said earlier, Enforcement of a possession order in Eastleigh is quicker through HCEOs than the county court bailiffs.

It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in Compton-Otterbourne, Romsey, or Bishopstoke.

There is no law asking the HCEO to inform the tenants in Eastleigh in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.

The HCEO must give a tenant or creditor a seven day's prior notice when seeking to seize money or goods such as hearing costs and rent arrears and when seeking to repossess a property in Eastleigh.

Applications To Stay Or Set Aside In Hampshire's Eastleigh

The Hampshire High court can stay or set aside a writ of control or writ of possession.

Form N244 should be used when applying to the high Court.

If stay or set aside is given, then it's important for the tenant in Eastleigh to inform the HCEO themselves of these details because the High Court may not have provided them with the information.

Any other application, such as setting aside the original possession order, must be placed to the county court in Hampshire.

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Directory Of High Court Enforcement Officers In Eastleigh In Hampshire

HCEOs in Eastleigh are actually not the court's employees rather they're from court authorized commercial companies.

The Register of High Court Compliance Officers comprises the lists of England and Wales enforcement officers approved to conduct writs from the High Court.

Standards And Conduct In Eastleigh, Hampshire

All enforcement officers of the high court need to adhere to the practice code.

A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Eastleigh - only if ordered by the court.

From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Eastleigh, when confiscating commodities.

According to these regulations the HCEO must not:

HCEOs must not enter a Hampshire residential property before 6am and after 9pm, except if the court authorized that

Enter the Eastleigh property if the person present is the child aged under 16

Take household goods such as fridge, cooker, washing machine, and many more

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