A possession order can be forced by asking for a possession warrant from the county court and landlords in Halifax can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
These HCEOs are also known as Sheriffs, certificated bailiffs or enforcement agents in Halifax.
The imposition of possession order through high court is possible in Northowram, Brighouse, or Hipperholme by two methods:
When the hearing of possession was in high court in West Yorkshire, as this is not common because if a landlord in Halifax makes an application for an order of possession in high court, it will be moved to county court unless there are special circumstances like complicated disputes.
The property owner in Halifax applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
It is the choice of the County Court judge to permit the transference of enforcement in Hipperholme, Brighouse, or Northowram to the High Court.
The landlord in Halifax can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
The Halifax landlord may seek to withdraw and transfer the enforcement even after obtaining the possession order at the county court, he would need to go back to the county court and apply to the High Court for enforcement.
Application for transfer can't be made in case there is any outstanding application from a tenant in Halifax, for example, an appeal against the order of possession.
The landlord can also apply for a writ of control if they need to recover the rent arrears and court costs of more than £600 in Northowram, Brighouse, or Hipperholme.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Halifax - this was initially known as, and still referred to as, a writ of Fieri facias or writ of fi fa.
If the debt is controlled by the (CCA) 1974 Consumer Credit Act, it cannot be transferred for enforcement to the High Court, as CCA regulated agreement can be enforced in the county court in West Yorkshire.
If a landlord in Halifax is applying for possession order transfer to the High Court for enforcement, it may be because:
Enforcement in Halifax is normally faster through HCEOs than the bailiffs of the county court
Delays in implementation by the West Yorkshire county court bailiffs could cause the landlord to lose rental income
Reduce the chances of further damage to the property or any other anti-social behaviour in Halifax
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Halifax if they owe money
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
The costs of using an HCEO for eviction in Halifax are higher than the West Yorkshire county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement to the High Court.
The tenant may cite the following reasons:
The Halifax landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The involved cost are unbalanced
He/she is looking for some extra time to find a place to stay in Northowram, Brighouse, or Hipperholme before vacating
Specific circumstances of the tenant, such as whether or not he/she has substantial rent arrears or children; will often be relevant factors that the court in Halifax will consider.
If the West Yorkshire county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except in:
If there is a possession order violation like suspended possession order which may include non-payment of money in Halifax, then the issuance of a writ of possession does not require permission.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Northowram, Brighouse, or Hipperholme when they have applied for the permission to enforce a possession order in the High court.
The High Court should not permit unless each tenant in Halifax is given such a notice as the Court considers enough.
When serving the notice, there are no set out requirements of the form in West Yorkshire.
The facts of the case will help with determining the sufficient notice.
In the case of a sole tenant in Halifax 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.
Failing to provide good enough notice or failing to give the full details to the Court about current appeals or applications not in favour of the process, can waver the writ of possession process, even if it's been executed in Halifax.
Some HCEOs in West Yorkshire apply to the High Court directly to take over the case through Form N293A or Section 41, the County Court Act 1984, and they thus bypass the normal procedure.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
It is a known fact that the process is speedier in Halifax with the HCEOs of the High court than the bailiffs of County court.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in Brighouse, Hipperholme, or Northowram.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Halifax although it is common practice for them to drop off the writ and return a day or two later.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Halifax, they are bound to give a seven day notice to tenant.
Only the High Court in West Yorkshire has the power to stay or set aside a writ of possession, or writ of control.
Form N244 should be used to send the stay or set aside applications to the High Court.
If the court grants the application, the tenant in Halifax must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in West Yorkshire.
HCEOs in Halifax are High Court-approved private companies and not court workers.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
As a standard HCEOs subscribe to a code of practice.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Halifax, unless the court has stated otherwise.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Halifax.
Requirements state that the HCEO must not:
Without the court orders, entering a residential property in West Yorkshire later than 9pm or prior to 6am
Go inside the building in Halifax in case the person within is a child below the age of 16 years
Take the fridge, cooker, washing machine, or some other essential household items
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