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A possession order can be forced by asking for a possession warrant from the county court and landlords in Harlow can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Harlow.
The possession order from the High Court can occur in Sawbridgeworth, Epping, or Harlow through these means:
When the hearing of possession was in high court in Essex, as this is not common because if a landlord in Harlow 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.
If the Harlow landlord applies for the transfer of the possession order from the County Court to the High Court to enable the HCEO to enforce the order.
It's often the decision of the judge at the county court if the order in Sawbridgeworth, Epping, or Harlow will be allowed to get transferred to the High Court.
During the proceedings of a possession order in the county court, the landlord in Harlow can plea enforcement to bed moved to the High Court.
Following acquisition of the order, the leaseholder in Harlow may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Harlow, for instance, if tenant has appealed against possession order.
The landlord could ask for a writ of control to recover the money owed in arrears by the tenant if together with court costs it is more than £600 in Harlow, Epping, or Sawbridgeworth.
The control writ offers the power to grab and auction a debtor/renter's possessions in Harlow and is usually to as either fiery facias or fi fa writ.
The possession order cannot be regulated to the High Court if the overdue rent is regulated by the Consumer Credit Act 1974 (CCA) because CCA regulated contracts can only be implemented by the Essex County Court.
There are several reasons as to why the Harlow landlord may request for transfer of order for enforcement in the high court and they are:
The enforcement in Harlow is normally faster via the HCEOs compared to county court bailiffs
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in Essex
Prevent the expedition of property destruction in Harlow or anti-social actions
If there are rent arrears, HCEOs are empowered to confiscate goods in Harlow as well as enforce the possession order
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to Essex county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Harlow go 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 Harlow
The costs are higher than expected
He/she needs more time to look for another place to live in Epping, Harlow, or Sawbridgeworth before eviction
Significant pending dues or children are also among these factors that will be under the Harlow court's consideration regarding the tenant's specific condition.
If the County Court in Essex 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 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 Harlow.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Sawbridgeworth, Harlow, or Epping is required to notify everyone in the property of the application and the only exceptions are if there are actions against trespassers or in cases involving mortgage repossession.
The High Court, therefore, cannot give permission until every person in Harlow involved with the possession order has received the notice sufficiently.
There is no requirement to provide notice in any particular form in Essex.
So, enough notice depends on each individual case facts.
Once a tenant in Harlow already knows that there has been a transfer of the order to the High Court, a notice such as a reminder of the stipulations in the court order and a request that the tenant leaves the property may be regarded as sufficient.
If the landlord fails to provide enough notice or does not give all the details to the court about appeals against possession hearings or pending applications, the writ of possession can be set aside even after it has been executed in Harlow.
Some HCEOs in Essex 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, 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.
HCEOs usually enforce a possession order in Harlow faster than county court bailiffs.
A writ of possession can be executed by an HCEO a couple of days after the landlord's possession notice or issue of a possession of writ has expired or the possession writ is issued in Sawbridgeworth, Harlow, or Epping.
There is no law asking the HCEO to inform the tenants in Harlow in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Harlow, a seven-day notice must be issued to the tenant / creditor.
The High Court in Essex has the right to keep or set aside a letter of possession or control.
High Court Applications should be made on form N244.
In case the stay or set aside is obtained, it's important where applicable, that the Harlow tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a Essex county court.
HCEOs in Harlow are not employed by the courts they are licensed commercial agencies.
You can research for the list of the Directory of High Court Enforcement Officers, for the enforcement officers in England and Wales who have the approval to implement High Court writs.
A code of practice is subscribed by HCEOs.
They can't execute a writ of possession on some special days such as Good Friday, on a Sunday, or on Christmas day in Harlow without an expressed authorization by the court.
Starting from the 6th of April, 2014, certain laws were put in place to govern activities of HCEOs and bailiffs in Harlow during seizure of tenant possessions.
They must not:
Go inside a premise of residence in Essex before 06:00 or after 21:00, unless the court has ordered it
Enter a Harlow residential property if the only person present at the time is below the age of 16
Carry important household goods such as a microwave, refrigerator or laundry
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