The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in Harrogate has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
High Court Enforcement Officers in Harrogate are also called certificated bailiffs, Sheriffs, or enforcement agents.
The High Court can enforce the possession order in Knaresborough, Harrogate, or Ripon on different conditions, such as:
Hearing in the High Court in North Yorkshire is only possible if the circumstances are dire, for example, the High Court will deal with the case if the dispute is having any exceptional circumstances, otherwise, the possession order applied for by the Harrogate landlord will be transferred to the County Court.
If the Harrogate 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.
The regional court has the jurisdiction to determine whether or not to move enforcement in Ripon, Harrogate, or Knaresborough to high court.
The landlord in Harrogate can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
After the court grants a possession order, the landlord in Harrogate must apply to the county court for the transfer of the Court order to the High Court for enforcement.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Harrogate, 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 Harrogate, Ripon, or Knaresborough.
The writ of control gives the authority in Harrogate to seize and sell tenant/debtor's goods and it is commonly known as a writ of fi fa or writ of Fieri facias.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in North Yorkshire executes them as they are CCA regulated agreements.
The reasons why a property owner in Harrogate might seek to transfer the order to the High Court for enforcement include that:
Enforcement in Harrogate is usually faster by HCEOs than by county court bailiffs
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in North Yorkshire
Prevention of further damage to the property in Harrogate or antisocial behaviour
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Harrogate if they owe money
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
The renter may decide to challenge the request to transfer enforcement in Harrogate to high court considering that eviction is quicker and hiring an HCEO is costly compared to the North Yorkshire county court bailiff.
This may be because:
The landlord in Harrogate may have no proof that using the county court bailiff would delay the case
The total costs involved are not proportionate
He/she is looking for some extra time to find a place to stay in Harrogate, Knaresborough, or Ripon before vacating
The court in Harrogate can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
The landlord must obtain permission from the High Court before the writ of possession is issued if the landlord's application to transfer possession order is granted by the North Yorkshire county court, except in:
You will also not require permission for the writ of possession to be issued for a breach, including a breach of possession order that is suspended or when the possession order breach is bills that are unpaid in Harrogate.
When permission is sought in the High Court to enforce a possession order (i.e. except in actions against trespassers and cases of mortgage repossession), the property owner in Knaresborough, Ripon, or Harrogate is to give notice of the application to 'every person in actual possession' of the property.
The landlord will not be granted permission from the High Court unless notice is served to each Harrogate tenant considered enough by the court.
You can simply deliver the notice in any way you want in North Yorkshire.
So, enough notice depends on each individual case facts.
In the event that a tenant in Harrogate 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.
Failure to provide enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Harrogate.
Some HCEOs in North Yorkshire try to take over the matter under section 41 of the County Court Act 1984 by applying directly to the High Court or by inappropriately using Form N293A (i.e., against tenants instead of trespassers) to circumvent the correct procedure.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
HCEOs usually enforce a possession order in Harrogate faster than county court bailiffs.
HCEO can execute a writ of possession within a few days after the expiry of the notice of the landlord's application to the High Court or when the possession writ is provided in Harrogate, Ripon, or Knaresborough.
An HCEO is not compelled to inform tenants in Harrogate before making a trip in order to implement the possession writ as no such provision is provided, but, in some cases, you may find some HCEOs sending the summons a day or 2 before a visit to the property.
Where a HCEO is planning to seize good and money as well as repossess the property in Harrogate, they must prove the tenant /creditor with a 7 days' notice.
The high court in North Yorkshire has the authority to either set aside or to stay the writ of possession or writ of control.
The N244 form should be used to make applications to the High Court.
If the staying or setting aside is acquired, it is vital where necessary, that the Harrogate leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
Any other application, such as setting aside the original possession order, must be placed to the county court in North Yorkshire.
HCEOs in Harrogate are commercial firms authorised by the High Court, not employees of the court.
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.
As a standard HCEOs subscribe to a code of practice.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Harrogate - only if ordered by the court.
Starting from the 6th of April, 2014, certain laws were put in place to govern activities of HCEOs and bailiffs in Harrogate during seizure of tenant possessions.
The rules include the requirements that the HCEO must not:
The time of entering the North Yorkshire residential property is before 6 am or after 9 pm unless authorized otherwise by the court
Enter if the sole individual present in the Harrogate property is a child aged under 16
Taking essential household goods example washing machine, cooker or fridge
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