Having the county court issue a warrant of possession is an alternative to enforcing a possession order and the landlord in Enfield needs to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
HCEOs are also called law enforcement officers, sheriffs or certified bailiffs in Enfield.
The High Court can impose a possession order in Hoddesdon, Wormley, or Crews Hill if:
If the High Court in Greater London has the possession hearing as this is quite unusual, though the normal thing is that when a Enfield landlord approaches the High Court to apply for a possession order, the order will be transferred to the County Court, and the exceptions are disputes of points of law or of fact.
The landlord in Enfield wants to have the possession order transferred to the High Court for enforcement.
The regional court has the jurisdiction to determine whether or not to move enforcement in Wormley, Hoddesdon, or Crews Hill to high court.
During the County Court possession proceedings, the landlord in Enfield can request for the transfer of the possession order to the High Court for enforcement.
Following the approval of the possession order, the landlord in Enfield is required to apply to the county court for a transfer of enforcement of the possession order to the High Court.
Where there are any outstanding tenant requests in Enfield, for example, a possession order appeal, the transfer request cannot be made.
If the total costs including the unpaid rent along with court expenses are over £600, the owner of the property can appeal for warrant of control for recovering the owed money in Hoddesdon, Crews Hill, or Wormley.
A control letter allows the landlord to seize the tenant or debtor's belongings in Enfield, and this was formerly known as 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 Greater London.
The reasons why a landlord in Enfield may request that the order be transferred for enforcement to the High Court include:
Enforcement in Enfield through the County Court bailiffs is slower than through the HCEOs
The slow process of execution by bailiffs of county courts in Greater London results in losses for landlords due to unpaid rent
Further damage to the Enfield property and anti-social behaviours are prevented
The HCEO can both seize goods and administer the order of possession in Enfield, when there are unsettled bills
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to Greater London county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Enfield go to the High Court.
The tenant could have the following reasons:
The landlord in Enfield may have no proof that using the county court bailiff would delay the case
The total costs involved are not proportionate
He/she is looking for some extra time to find a place to stay in Hoddesdon, Crews Hill, or Wormley before vacating
Often, the Enfield court will take into consideration some circumstances surrounding the tenant's situation, such as if there are any children involved or whether the tenant has good rent arrears.
In case the landlord's application to transfer is accepted, by the Greater London county court, then the landlord needs to get high Court's consent before the assurance of the writ of possession unless if:
If there is a possession order violation like suspended possession order which may include non-payment of money in Enfield, then the issuance of a writ of possession does not require permission.
When a landlord in Wormley, Crews Hill, or Hoddesdon seeks permission from the High Court in order to enforce the possession order then every tenant (everyone in actual possession) must be served with the notice of application.
Unless every occupant in Enfield 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 Greater London.
Enough notice will be decided upon the cases facts.
In the case of a sole occupant in Enfield that has had case in the High Court had acknowledged the notice, reminding them of the court order's terms and a request for possession is counted as enough notice.
Failure to provide enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Enfield.
Some HCEOs in Greater London tried to go around the procedure that is correct by submitting an application to the High Court directly to be in charge of the matter under section 41 of the County Court Act 1984, or by using Form N293A inappropriately (i.e. against tenants instead of trespassers).
So, in order to prevent such malpractices, High Court's Senior Master issued a practice note on 21 March 2016.
Like we said earlier, Enforcement of a possession order in Enfield is quicker through HCEOs than the county court bailiffs.
The implementation of a writ of possession by an HCEO can take place in few days after the notice by the landlord to tenants expires or when the writ of possession is issued in Hoddesdon, Wormley, or Crews Hill.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Enfield although it is common practice for them to drop off the writ and return a day or two later.
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 Enfield, they must serve a 7-days notice to the leaseholder.
The Greater London High Court reserves the right to stay or set aside a writ of control or a writ of possession.
Applications should be submitted on Form N244 to the High Court.
If the court grants either the stay or set aside the application, the tenant in Enfield should inform the HCEO who may not have the updated information.
Any other application, such as setting aside the original possession order, must be placed to the county court in Greater London.
HCEOs in Enfield are commercial agencies certified by the High Court, they are not employees of the court.
You can research for the list of the Directory of High Court Enforcement Officers, for the enforcement officers in England and Wales who have the approval to implement High Court writs.
HCEOs pledges to a code of practice.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Enfield, unless in the situation where the court orders so.
The actions of all other bailiffs and the HCEOs when goods are seized in Enfield are in effect from 6 April 2014.
They must not:
Enter the Greater London property before 6am or after 9pm unless when ordered by the court
Enter the Enfield premises if the only person available is a child under 16 years of age
Take important household items like a fridge, washing machine, or cooker
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