Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in Hartlepool can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
The HCEO is also known by other names in Hartlepool, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
You can enforce possession order in Bellevue, Croft on Heugh, or Dalton Piercy through the High Court when:
High Court in Durham has scheduled a hearing for possession order, but it is generally not observed as a landlord in Hartlepool's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
If the Hartlepool 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 Croft on Heugh, Bellevue, or Dalton Piercy to high court.
The landlord in Hartlepool can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
After a possession order has been served, the Hartlepool property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
You cannot make an application when there is an outstanding appeal from the tenant in Hartlepool, like an application to close the possession order.
If there are rent arrears and the arrears are in excess of £ 600 together with any court costs, the landlord may also apply for a writ of control to recover the money owed in Bellevue, Croft on Heugh, or Dalton Piercy.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Hartlepool and the writ is also known as a writ of Fieri facias or writ of fi fa.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the Durham County Court can enforce agreements regulated by the CCA.
These are some reasons a landlord in Hartlepool could apply for a transfer to the High Court including:
Enforcement in Hartlepool 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 Durham
Prevent the expedition of property destruction in Hartlepool or anti-social actions
The HCEO has the power to implement the order of possession and seize belongings in Hartlepool if money is owned
Right from the transfer of the order, the interest on judgement debt of arrears will accumulate which is currently at the rate of 8%.
Since the level of eviction is quicker in Hartlepool but the expense of using a HCEO is greater than the county court bailiffs in Durham, a plaintiff may want to respond to a proposal to shift compliance to the High Court.
The tenant may cite the following reasons:
The property owner in Hartlepool has availed evidence that there will be a significant delay using the county court bailiffs
The payment involved in the process varies
The tenant needs enough time to find alternative accommodation in Dalton Piercy, Bellevue, or Croft on Heugh
The Hartlepool court's decision to challenge the order transfer may be determined by a number of factors affecting the leaseholder including in the renter has a family or owes a considerable amount of rent arrears.
If the property owner's application to transfer is allowed by the Durham county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:
Also, permission is not required for issuing a possession writ following a possession order infringement, including a possession order that is suspended, where the infringement involves non-payment of money in Hartlepool.
When the landlord in Bellevue, Croft on Heugh, or Dalton Piercy ask for leave to enforce a possession order in the High Court (except in actions against trespassers and cases of mortgage repossession), the landlord must give notice of this application to 'all persons in actual possession' of the property.
The High Court should not permit unless each tenant in Hartlepool is given such a notice as the Court considers enough.
Notice can be given in any way in Durham as there are no rules for this.
The facts of the case will determine whether the notice is enough.
In the case of a sole tenant in Hartlepool 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.
If satisfactory notice is not provided by the landlord or he provides the court with insufficient information about the pending appeals or applications against hearings of possession, then the warrant of possession will get invalid even after execution in Hartlepool.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Durham 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 Hartlepool faster than county court bailiffs.
HCEOs require few days to enforce warrant of possession if the application notice of permission expires or after issuance of warrant of possession in Bellevue, Dalton Piercy, or Croft on Heugh.
In most cases, they do not inform the tenants of their visit in Hartlepool and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Hartlepool, they must serve a 7-days notice to the leaseholder.
The Durham High Court can uphold or set aside a writ of possession, or writ of control.
Applications should be submitted on Form N244 to the High Court.
If the stay is issued or set aside, it is necessary that the respondent in Hartlepool advises the HCEO of this aspect where appropriate, since the High Court may not have 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 Durham county court.
HCEOs in Hartlepool aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
In Wales and England, the directory of HCEO's has names of all enforcement officers who are authorized to enforce high court writs.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Hartlepool until unless the court orders otherwise.
The actions of all other bailiffs and the HCEOs when goods are seized in Hartlepool are in effect from 6 April 2014.
Under these regulations, HCEO has no right to:
Go inside the Durham residential premises earlier than 6 am or past 9 pm unless the court orders that
Enter if the only person present in the house in Hartlepool is a child under the age of 16
Taking basic household stuff for instance refrigerator, cooker or washing machine
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