A landlord in Greater Manchester can apply to transfer a possession order to the High Court Enforcement Office (HCEO) as an alternative to enforcing the process with a request from a county court to give a warrant possession notice.
HCEOs are also referred to in Greater Manchester as enforcement agents, certified bailiffs or Sheriffs.
You can enforce possession order in Manchester, Bolton, or Stockport through the High Court when:
The possession proceeding was held in the High Court in Greater Manchester, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Greater Manchester requests for a notice of possession in the High Court, it is usually transferred to the county court.
The landlord in Greater Manchester wants to have the possession order transferred to the High Court for enforcement.
It is at the discretion of the county court judge to approve the transfer of enforcement in Stockport, Manchester, or Bolton to the High Court or not.
The landlord in Greater Manchester can make a request whilst the county court process is in order to be transferred to the enforcement of the High Court.
If the Greater Manchester landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
If there is an appeal against the ruling or any pending applications from the Greater Manchester tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
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 Bolton, Manchester, or Stockport.
The writ of control gives the authority in Greater Manchester 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 Consumer Credit Act 1974 (CCA) regulated the debt, it could not be transferred to the High Court, as CCA regulated agreements can only be enforced in the county court in Greater Manchester.
The reasons that may lead to a landlord in Greater Manchester asking for a transfer of the order to the High Court for enforcement include that:
Enforcement in Greater Manchester is quicker through HCEOs than the county court bailiffs
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in Greater Manchester
It avoids additional anti-social activities or property destructions in Greater Manchester
The High court officer can seize goods in Greater Manchester while enforcing the possession to recover money owed
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
Since the level of eviction is quicker in Greater Manchester but the expense of using a HCEO is greater than the county court bailiffs in Greater Manchester, a plaintiff may want to respond to a proposal to shift compliance to the High Court.
Usually, tenants want to avoid this process because:
The landlord is yet to prove that there may delays if the case is handled by a county court's bailiffs in Greater Manchester
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 Manchester, Stockport, or Bolton
The tenant needs to highlight the relevant factors the court in Greater Manchester can take into consideration such as having significant arrears or having kids.
In case the county court in Greater Manchester allows the owner to move the order to the high court, the owner may require obtaining consent from high court before serving the possession writ except during:
Permission is also not a requirement for the possession writ issuance following the possession order breach, including a possession order that is suspended, where the breach include unpaid bills in Greater Manchester.
When planning to request for permission for a possession order to be transferred to the High Court for enforcement (excluding cases such as mortgage repossession cases and cases against trespassers, the landlord in Manchester, Stockport, or Bolton is required to provide the current inhabitants of the property with a notice of application.
High court may not consent until each leaseholder in Greater Manchester has been served with the order and it is satisfied.
There are no laid down rules for providing the notice in Greater Manchester.
The facts of the case will help with determining the sufficient notice.
In the event that only one tenant in Greater Manchester is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Greater Manchester.
Some HCEOs in Greater Manchester may not follow the correct procedure and they apply straight to the high court to take over a suit or use Form N293A to circumvent the proper process and can apply directly to the High Court to take over a matter and were misusing Form N293A.
The Senior Master of the High Court (Queens Bench Division) releases a practice note on 21 March 2016 to block these loopholes and stop the unfair practices.
Enforcement of a possession order in Greater Manchester is faster through HCEOs than through 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 Manchester, Bolton, or Stockport.
The HCEO is not under obligation to provide advance notice to the Greater Manchester 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.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Greater Manchester, they must give the tenant or creditor a seven days' notice.
Writ of possession or writ of control can be set aside by the High Court in Greater Manchester.
Applications to the High Court are made through from N244.
If stay or set aside is given, then it's important for the tenant in Greater Manchester 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 Greater Manchester county court.
HCEOs in Greater Manchester are commercial agencies commissioned by the High Court and 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.
All enforcement officers of the high court need to adhere to the practice code.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Greater Manchester unless the court orders otherwise.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Greater Manchester, when confiscating commodities.
According to these regulations the HCEO must not:
Enter the Greater Manchester property before 6am or after 9pm unless when ordered by the court
Go inside the building in Greater Manchester in case the person within is a child below the age of 16 years
Take important household items like a fridge, washing machine, or cooker
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