If a landlord in Ellesmere Port doesn't want to issue a warrant for possession order, the landlord may apply for the transfer of the order to the High Court, then, the High Court Enforcement Officer (HCEO) will enforce the order.
HCEOs in Ellesmere Port are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
High Court can enforce the possession order in Whitby, Hooton, or Ellesmere Port if:
The possession hearing was in the High Court in Cheshire which is rare because if a landlord in Ellesmere Port 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.
A landlord in Ellesmere Port needs to apply in a County Court for the transfer of possession order to the High Court, so the enforcement is implemented by an HCEO.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Hooton, Whitby, or Ellesmere Port to the high court or not.
A request of transferring the possession order to the High Court can be made to County Court during the procession order proceedings by the Ellesmere Port landlord.
After the possession order is acquired the landlord in Ellesmere Port will need to apply to the county court and request that the order to be moved to the high court for implementation.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Ellesmere Port, for instance, if tenant has appealed against possession order.
If there are rent arrears and the arrears are in excess of £ 600 together with any court costs, the landlord may also apply for a writ of control to recover the money owed in Ellesmere Port, Whitby, or Hooton.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Ellesmere Port and the writ is also known as a writ of Fieri facias or writ of fi fa.
Any arrears managed by CCA (Consumer Credit Act) cannot be transferred to high court so as to be implemented attributing to the fact that CCA controlled agreements may only be implemented within the Cheshire county court.
There are certain reasons why a landlord in Ellesmere Port can apply for a transfer of the order to the High Court for enforcement including:
Enforcement in Ellesmere Port is normally faster through HCEOs as compared to county court bailiffs
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in Cheshire
It prevents further anti-social behaviour or destruction of property in Ellesmere Port
The HCEO is authorised to execute the possession order and seize possessions in Ellesmere Port in case cash is owed
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
The tenant can oppose an application to transfer enforcement in Ellesmere Port to the High Court because the costs of using a HCEO are greater than the Cheshire county court bailiffs and the speed of eviction is fast in this case.
The tenant's reasons could include that:
The landlord in Ellesmere Port did not prove that there will be colossal delay by using the county court bailiffs
The period of delay before eviction affords the tenant the opportunity to find another place to live in Ellesmere Port, Hooton, or Whitby
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in Ellesmere Port.
If the county court in Cheshire 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:
More so, consent is not needed for giving out order of possession because of violation of an order of possession and this involves hanging orders where violation entails lack of money to pay in Ellesmere Port.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Hooton, Ellesmere Port, or Whitby 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.
Unless every occupant in Ellesmere Port is given the notice that the Court decides is enough, the High Court must not grant permission.
In Cheshire, no notification in any particular form is required.
The facts of the case will depend on what is enough notice.
In another scenario, if in case only a sole tenant in Ellesmere Port was being aware of the case transfer to the High Court, the reminder from the landlord including terms of the court order could be enough as a notice.
If satisfactory notice is not provided by the landlord or he provides the court with insufficient information about the pending appeals or applications against hearings of possession, then the warrant of possession will get invalid even after execution in Ellesmere Port.
The several incidents of HCEOs in Cheshire 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.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
Frequently, HCEO's enforcement of order of possession in Ellesmere Port is frequently faster than the county court agents.
Execution of the possession order is possible only in a few days of the expiration of the notice given by the landlord when executed by the high court or after then possession writ is issued in Whitby, Ellesmere Port, or Hooton.
A HCEO does not have to give tenants any notice in advance before their visit in Ellesmere Port to execute the writ of possession because there is no requirement for that, however, some HCEOs usually send the writ one or two days before visiting the premises.
HCEO must give notice of seven days when seeking possession of the property in Ellesmere Port and to seize the goods or cost to recover the overdue rent.
It is possible to obtain stay or invalidation of warrant of possession or control through the high courts in Cheshire.
You should fill form N244 when making applications to the high court.
If stay or set aside is given, then it's important for the tenant in Ellesmere Port to inform the HCEO themselves of these details because the High Court may not have provided them with the information.
If there is any other application, for example, setting aside the initial possession order, it must be made to a county court in Cheshire.
High Court enforcement officers (HCEOs) in Ellesmere Port are commercial agencies which are not employees of High court however they are authorized by the high court.
If you need to check the names of enforcement officers in England and Wales, there is a Directory of High Court Enforcement Officers who have been authorized to execute High Court writs.
The HCEOs cannot carry out the evictions if they aren't subscribed to a code of practice.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Ellesmere Port unless the Court orders otherwise.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Ellesmere Port are governed by some regulations.
The regulations stipulate that:
Reach a residential property in Cheshire by 6 a.m. or 9 p.m., as approved by the judge
Enter the Ellesmere Port property if there is only a child present who is aged under 16
Seize essential household items, such as washing machine and cooker
Based in Ellesmere Port, 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.