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One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Gosport can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Gosport.
High court may impose a possession order in Bedenham, Alverstoke, or Camdentown in 2 ways:
The hearing for the possession order was in the High Court in Hampshire as a hearing a possession order in the High court is abnormal because, if a Gosport landlord sues for a possession order in the High Court, the case is transferred to the county court except there are particular circumstances, like complex disputes of fact or vital points of law.
An application is submitted by the Gosport landlord to the county court requesting for the transfer of a possession order to the High Court so that it can be enforced by an HCEO.
Only the county court judge has the choice of transferring to the High Court for enforcement in Bedenham, Camdentown, or Alverstoke or not.
The Gosport property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
The Gosport landlord needs to make an application to the county court after obtaining the possession order and in this application, they request to transfer the order to the High Court for Enforcement.
A land owner cannot apply for a transfer if the tenant in Gosport has a pending application, for instance, an appeal against the notice of possession.
If there exists any unsettled rent and the total amount of arrears alongside court expenses are more than £600, the land owner may decide to apply for the control writ to get back the unpaid cash in Bedenham, Alverstoke, or Camdentown.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Gosport and this is commonly referred to as fi fa or Fieri facias writ.
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.
There can be a number of reasons for which landlords in Gosport can request the transference in high court for execution including the following:
The enforcement process in Gosport is often quicker with the HCEO's than with a county court
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in Hampshire
To avoid continued destruction of the property in Gosport as well as antisocial behaviour
The HCEO can enforce a possession order as well as seize the goods in Gosport when money is due
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Gosport than the bailiffs of Hampshire County Court so, a tenant can oppose the application to transfer the possession order to the High court.
The reasons why a tenant can do so are:
The landlord did not provide proof that the use of county court bailiffs in Gosport would be substantially affected
The costs of transfer of the order are too much
She or he wishes for additional time to find another area to settle down in Bedenham, Alverstoke, or Camdentown prior to moving out
The court in Gosport can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
After the Hampshire county court approves a landlord's transfer application, the landlord is required to request for permission from the High Court for the issue of a writ of possession can be obtained, except in cases such as:
Also, if there has been a violation of a possession order, permission may not be obtained before a writ of possession is issued, as well as in a suspended possession order where the violation includes failing to pay debts in Gosport.
When a landlord in Bedenham, Camdentown, or Alverstoke 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.
The landlord will not be granted permission from the High Court unless notice is served to each Gosport tenant considered enough by the court.
In Hampshire, no notification in any particular form is required.
The satisfactory notice will vary according to the case facts.
In the case of a sole tenant in Gosport, 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.
The Writ of Possession can be set aside after execution in Gosport 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.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Hampshire by applying to High Court directly to take over the issue under section 41 of the County Court Act 1984 as well as by using form N293A in improper way.
On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.
HCEOs usually enforce a possession order in Gosport faster than county court bailiffs.
An execution of a writ of possession by a High Court Enforcement Officers may occur just few days once the landlord's application to the High Court is expired or of the issue of the writ of possession in Camdentown, Bedenham, or Alverstoke.
There is no requirement for a HCEO to notify tenants in Gosport in advance of their visit when they will execute the possession letter, although it is common practice for them to drop the letter and return one or two days later.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Gosport property as well as the seizure of goods and money such as pending rents or any other costs.
Only the High Court in Hampshire has the power to stay or set aside a writ of possession, or writ of control.
Applications to the High Court are made through from N244.
In case the stay or set aside is obtained, it's important where applicable, that the Gosport tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
However, another application such as to set aside the original permission order needs to be made to the County Court in Hampshire.
HCEOs in Gosport are actually not the court's employees rather they're from court authorized commercial companies.
The HCEO's directory consists of the names of enforcement officers in England and Wales, who are authorized by the High court for the execution of the writs.
HCEOs are required to follow practice code.
Except stated otherwise by the court, a writ of possession cannot be enforced on Christmas Day, Good Friday, or on a Sunday in Gosport.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Gosport, when confiscating commodities.
The laws require that an HCEO should not:
Reach a residential property in Hampshire by 6 a.m. or 9 p.m., as approved by the judge
Entering a property in Gosport with an under 16 person the only person in the property
Taking basic household stuff for instance refrigerator, cooker or washing machine
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