The other choice for enforcing a possession order by asking the county court to issue a warrant of possession is for the property owner in Havering to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Havering.
The possession order from the High Court can occur in Stapleford Abbotts, Bulphan, or Abridge through these means:
The Greater London High Court can also enforce the possession order when the possession order's hearing was in the High Court as this process is unusual because the Havering landlord ought to have applied to the county court except in some cases when there may be important facts of law or complicated disputes of fact, only then can the application of a possession order in a High Court can be accepted.
The landlord in Havering specifically applies to the county court to get the process transferred into the High Court.
It's often the decision of the judge at the county court if the order in Stapleford Abbotts, Bulphan, or Abridge will be allowed to get transferred to the High Court.
During the county court possession proceedings, the landlord in Havering may request that the possession order, if made, be transferred for enforcement to the High Court.
The Havering landlord will need to apply to the county court requesting that the possession order be transferred to the High Court for enforcement purposes after a possession order has been obtained.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Havering, for instance, if tenant has appealed against possession order.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Stapleford Abbotts, Abridge, or Bulphan.
A writ of control allows the landlord in Havering to seize and sell the tenants goods which is also known as a writ of Fieri facias or writ of fi fa.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only Greater London County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
The Havering landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
High Court Enforcement Officers can carry out the eviction in Havering quicker than bailiffs of the county court
Greater London County court bailiffs may indirectly cause a reduction in rental income since their enforcement takes a longer time
Prevention of further damage to the property in Havering or antisocial behaviour
The HCEO can both carry out the order and apprehend possessions in Havering, when money is owed to the landlord
Interest, currently at the rate of 8 percent, will accrue on the judgment debt for arrears from the moment the order is transferred.
The tenant can oppose an application to transfer enforcement in Havering to the High Court because the costs of using a HCEO are greater than the Greater London county court bailiffs and the speed of eviction is fast in this case.
These reasons include:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Havering
The total expenses incurred aren't balanced
The period of delay before eviction affords the tenant the opportunity to find another place to live in Abridge, Stapleford Abbotts, or Bulphan
Finally, the tenant's condition; if unpaid rent is substantial, and a tenant has children, will form relevant factors for the decision by the county court Judge in Havering.
If the property owner's application to transfer is allowed by the Greater London county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:
More so, consent is not needed for giving out order of possession because of violation of an order of possession and this involves hanging orders where violation entails lack of money to pay in Havering.
When permission is sought from the High Court, it is liable for the landlord in Bulphan, Abridge, or Stapleford Abbotts to give notice of the application every person involved in actual possession of the property - except in the debt recovery or cases against the intruders.
The landlord must also give sufficient notice to the Havering tenants to ensure they are aware of the transfer of the possession order to the High Court.
The notice can be given in any form as there is no specific requirement for it in Greater London.
What is acceptable depends on the particular case in question.
If the property has one sole tenant in Havering who is aware of the case being in the High Court, a possession request and reminder of the court order's terms are enough notice.
In case the renter fails to give sufficient notice or fails to provide the entire information to court concerning petitions against possession proceedings or pending claims, the order of possession may be put aside although having been implemented in Havering.
Some HCEOs in Greater London apply directly to the High Court to take over the matter in the struggle of circumventing the correct procedure. It can be carried out under section 41 of the County Court Act 1984.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
Enforcement of a possession order in Havering is normally faster through HCEO as compared to 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 Abridge, Bulphan, or Stapleford Abbotts.
There is no need to give notice to the tenants in Havering about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
The HCEO must give a tenant or creditor a seven day's prior notice when seeking to seize money or goods such as hearing costs and rent arrears and when seeking to repossess a property in Havering.
High court in Greater London enjoys the powers to set aside or uphold possession or control writ.
The N244 form should be used to make applications to the High Court.
The tenant in Havering must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Greater London.
HCEOs in Havering are High Court-approved private companies and not court workers.
In Wales and England, the directory of HCEO's has names of all enforcement officers who are authorized to enforce high court writs.
A code of practice is subscribed by HCEOs.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Havering unless the court orders otherwise.
Since 6 April 2014, HCEOs and other bailiffs in Havering have been required to operate in accordance with a set of rules.
They must not:
Enter residential property in Greater London before 6 am or after 9 pm unless the Court has authorised them
Enter a Havering residential property if the only person present at the time is below the age of 16
Take key household goods such as washing machine, fridge or cooker
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