Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in Gateshead can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
HCEOs are also referred to in Gateshead as enforcement agents, certified bailiffs or Sheriffs.
The High Court can impose a possession order in Allerdene, Bar Moor, or Carr Hill if:
The hearing of possession occurred within the High Court in Tyne and Wear, this is bizarre, because if a landlord in Gateshead does apply for a possession notice in the High Court, it would usually get transferred to the county court, and it would only stay there if there are unusual situations involved within the order.
When the Gateshead property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
It's often the decision of the judge at the county court if the order in Carr Hill, Bar Moor, or Allerdene will be allowed to get transferred to the High Court.
The landlord in Gateshead can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
The Gateshead landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
Where there are any outstanding tenant requests in Gateshead, for example, a possession order appeal, the transfer request cannot be made.
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 Bar Moor, Carr Hill, or Allerdene.
The writ of control gives the authority in Gateshead to seize and sell tenant/debtor's goods and it is commonly known as a writ of fi fa or writ of Fieri facias.
If the debt is processed by the Consumer Credit Act 1974 (CCA), then it will not be permitted to get transferred to the High Court as CCA agreements that are regulated can only be enforced in the Tyne and Wear county court.
Landlords in Gateshead may request that the order be transferred to the High Court due to reasons which include:
The enforcement process is quicker in Gateshead through the HCEO than the county court bailiffs
Tyne and Wear County court bailiffs may indirectly cause a reduction in rental income since their enforcement takes a longer time
Avoid further property damage in Gateshead and any antisocial behaviour of the tenants
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Gateshead if they owe money
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Gateshead than the bailiffs of Tyne and Wear County Court so, a tenant can oppose the application to transfer the possession order to the High court.
These reasons include:
The landlord is yet to prove that there may delays if the case is handled by a county court's bailiffs in Gateshead
The costs incurred are out of balance
The period of delay before eviction affords the tenant the opportunity to find another place to live in Allerdene, Carr Hill, or Bar Moor
The tenant needs to highlight the relevant factors the court in Gateshead can take into consideration such as having significant arrears or having kids.
If the County Court in Tyne and Wear grants the landlord's transfer application, the writ of possession can't be issued until there is expressed permission by the High Court, and the exceptions to the rule are:
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 Gateshead.
If the landlord in Carr Hill, Allerdene, or Bar Moor 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.
The High Court shall not give permission until every tenant in Gateshead is provided notice as is deemed appropriate by the Court.
Notice can be given in any way in Tyne and Wear as there are no rules for this.
The facts of the case will determine sufficient notice.
In the case of a sole tenant in Gateshead who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession could be sufficient notification.
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 Gateshead to be set aside.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in Tyne and Wear.
On 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
Normally, HCEOs can execute an order of possession in Gateshead more quick than the county court's bailiffs.
The execution of a letter of possession by a HCEO may take place 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 issue of the letter of possession in Allerdene, Bar Moor, or Carr Hill.
The HCEO doesn't need to inform the tenants in Gateshead about when they are going to execute the writ of possession, and the HCEOs usually drop off the writ return a day or two later.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Gateshead, they are bound to give a seven day notice to tenant.
The high court in Tyne and Wear has the authority to either set aside or to stay the writ of possession or writ of control.
Applications can be made by filling out the N244 form while giving application to high court.
In case, if the stay or set aside is permitted then it is significant that HCEO should be informed by the Gateshead tenant about this, as this is quite possible that HCEO has not been informed by the High Court.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Tyne and Wear.
HCEOs are known as commercial agencies powered by the High Court in Gateshead.
In England and Wales, the names of authorized HCEOs are available from the HCEO's directory.
As a standard HCEOs subscribe to a code of practice.
Except stated otherwise by the court, a writ of possession cannot be enforced on Christmas Day, Good Friday, or on a Sunday in Gateshead.
Regulations govern the action of HCEOs and all other bailiffs in Gateshead while seizing goods with the effect from 6 April 2014.
The rules include the requirements that the HCEO must not:
Go inside the residential property in Tyne and Wear before 6 am or after 9 pm, except the court approved it
Entering a property in Gateshead if the occupant is a child younger than 16
Seize essential household items, such as washing machine and cooker
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