The other choice for enforcing a possession order by asking the county court to issue a warrant of possession is for the property owner in Gloucestershire 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 Gloucestershire.
The high court has the authority to impose the order of possession in Gloucester, Stroud, or Cheltenham if:
The possession proceeding was held in the High Court in Gloucestershire, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Gloucestershire requests for a notice of possession in the High Court, it is usually transferred to the county court.
A landlord in Gloucestershire 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.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Cheltenham, Gloucester, or Stroud to the High Court.
The landlord in Gloucestershire can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
The Gloucestershire landlord will need to apply to the county court requesting that the possession order be transferred to the High Court for enforcement purposes after a possession order has been obtained.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Gloucestershire, for instance, if tenant has appealed against possession order.
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 Cheltenham, Gloucester, or Stroud.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Gloucestershire - this was initially known as, and still referred to 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 Gloucestershire county court.
There are certain reasons why a landlord in Gloucestershire can apply for a transfer of the order to the High Court for enforcement including:
Implementation in Gloucestershire by HCEOs is usually faster than by county court bailiffs
Loss of rental income because of delay in enforcement through the Gloucestershire county court bailiffs
Prevention of more damage to the property and/or behaviour that is not social in Gloucestershire
The HCEO can both seize goods and administer the order of possession in Gloucestershire, when there are unsettled bills
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
HCEOs offer faster eviction speed in Gloucestershire and are more expensive than the bailiffs in County Court in Gloucestershire, thus, a tenant may not be comfortable with the transfer arrangement and kick against it for a wide range of reasons.
The tenant's causes can be:
The landlord is yet to prove that there may delays if the case is handled by a county court's bailiffs in Gloucestershire
The costs are higher than expected
The tenants need extra time to get an alternative housing arrangement in Stroud, Gloucester, or Cheltenham
The tenant's specific issues, such as whether he/she has noticeable rent arrears or children, will most of the time be relevant factors the court in Gloucestershire will consider.
If the Gloucestershire county court awards the application from the property owner to transfer the possession order to the High Court, the landlord must apply for the consent of the High Court before the court issues the writ of possession, except for:
Authorization for the issuance of a possession writ is also not needed in case there is a breach of possession comprising of suspension of order where there is or lack of payment of money in Gloucestershire.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Gloucester, Stroud, or Cheltenham when they have applied for the permission to enforce a possession order in the High court.
The permission from high court cannot be granted until every tenant in Gloucestershire receives notification and court finds it satisfactory.
There are no laid down rules for providing the notice in Gloucestershire.
Sufficient proof depends on the facts of the case.
In the event that a tenant in Gloucestershire who had a case that had been transferred to the High Court was aware, a reminder from the property owner of the terms of the court order and a request that possession is considered to be sufficient notice.
The Writ of Possession can be set aside after execution in Gloucestershire if the landlord fails to provide the necessary details where the pending appeals against the possession order are concerned or doesn't give enough notice.
Some HCEOs in Gloucestershire 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).
On 21 March 2016, the court issued a practice note through the Senior Master of the High Court (Queens Bench Division) to stop these malpractices and illegal use of their powers.
Generally, a possession order is normally enforced in Gloucestershire faster through HCEOs than bailiffs from the county court.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Gloucester, Stroud, or Cheltenham.
The HCEO is not under obligation to provide advance notice to the Gloucestershire tenants about when the writ of possession will be executed, however, they usually drop the writ with the tenant and revisit the tenant a day or two later.
The HCEO must give the tenant a seven days' notice if they are seeking to seize money or goods, and recover possession of the property in Gloucestershire.
The High Court in Gloucestershire has the authority to stay or set aside a writ of possession.
Form N244 should be used to make an application to the High Court.
If stay or set aside is given, then it's important for the tenant in Gloucestershire to inform the HCEO themselves of these details because the High Court may not have provided them with the information.
Additional applications such as an annulment of the original order of possession must be submitted to the Gloucestershire county court.
HCEOs in Gloucestershire are commercial agencies certified by the High Court, they are not employees of the court.
The names of authorized HCEOs in Wales and England permitted to carry out an execution of High Court writs are contained in the HCEO directory.
The code of conduct governs the activities of HCEOs.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Gloucestershire, unless in the situation where the court orders so.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in Gloucestershire.
The laws require that an HCEO should not:
Enter residential property in Gloucestershire after 9 pm or before 6 am unless stated by the court
Entering the property in Gloucestershire while only a child under 16 years of age is present
Take household goods such as fridge, cooker, washing machine, and many more
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