A possession order can be forced by asking for a possession warrant from the county court and landlords in Farnborough can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
High Court Enforcement Officers in Farnborough are also called certificated bailiffs, Sheriffs, or enforcement agents.
You can enforce possession order in Camberley, Frimley, or Yateley through the High Court when:
The hearing was held at the High Court in Hampshire, this is unusual because if a landlord in Farnborough applies in the High Court for a possession order, it will be transferred to the county court unless there are exceptional circumstances, such as complicated factual disputes or significant legal issues.
The property owner in Farnborough applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
County court determines if the enforcement in Camberley, Yateley, or Frimley can be transferred to high court.
A landlord in Farnborough can apply for transfer during the proceedings of a possession order in County Court as he can request for transfer of it to the High court for enforcement.
The landlord in Farnborough must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
Where there are any outstanding tenant requests in Farnborough, for example, a possession order appeal, the transfer request cannot be made.
Another scenario is recovering the debt if the overdue rent is over £600, the landlord applies for the writ of control to recover money in Frimley, Camberley, or Yateley.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Farnborough - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
Note that if the debt is under the regulation of the Consumer Credit Act 1974 (CCA), the Hampshire county court cannot transfer the possession order to the High Court for enforcement as the CCA regulates are enforceable in the county court.
Landlords in Farnborough may request that the order be transferred to the High Court due to reasons which include:
The enforcement process is quicker in Farnborough through the HCEO than the county court bailiffs
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in Hampshire
To prevent any further dismantlement to the premises in Farnborough or behaviour that is antisocial
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Farnborough if the money is owed
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Farnborough is higher than the Hampshire county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
The reasons for opposing the application may differ as:
The landlord in Farnborough did not prove that there will be colossal delay by using the county court bailiffs
The costs involved are disproportionate
He/she needs more time to look for another place to live in Frimley, Camberley, or Yateley before eviction
Often, the Farnborough 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 Hampshire 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 Farnborough, then the issuance of a writ of possession does not require permission.
If permission is sought in the High Court to enforce a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Camberley, Frimley, or Yateley must notify every person in real possession of the property of the application.
High court may not consent until each leaseholder in Farnborough has been served with the order and it is satisfied.
You can simply deliver the notice in any way you want in Hampshire.
The facts of the case will determine whether the notice is enough.
In the case of a sole tenant in Farnborough, the landlord can send a reminder of the terms of the court if the tenant is already notified about the case being transferred to the High court.
If the landlord does not give adequate notice or fail to offer information that is complete to the Court about any pending appeals or applications against the proceedings for possession, this could cause the possession writ, even after its execution in Farnborough to be set aside.
Some HCEOs in Hampshire had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
Like we said earlier, Enforcement of a possession order in Farnborough is quicker through HCEOs than 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 Frimley, Camberley, or Yateley.
In most cases, they do not inform the tenants of their visit in Farnborough and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
HCEO must give notice of seven days when seeking possession of the property in Farnborough and to seize the goods or cost to recover the overdue rent.
The High Court in Hampshire can set aside or stay a writ of control or a writ of possession application.
Form N244 should be used to make an application to the High Court.
If the stay is issued or set aside, it is necessary that the respondent in Farnborough advises the HCEO of this aspect where appropriate, since the High Court may not have notified the HCEO.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Hampshire.
HCEOs are known as commercial agencies powered by the High Court in Farnborough.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
The code of conduct governs the activities of HCEOs.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Farnborough.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Farnborough with effect from 6 April 2014.
Requirements state that the HCEO must not:
The time of entering the Hampshire residential property is before 6 am or after 9 pm unless authorized otherwise by the court
Go inside the building in Farnborough in case the person within is a child below the age of 16 years
Seizing essential domestic equipment such as washing machine, fridge, or cooker
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