A possession order can be forced by asking for a possession warrant from the county court and landlords in Hemel Hempstead can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
The HCEOs in Hemel Hempstead are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
On order of possession can be imposed in Amersham, Hemel Hempstead, or Berkhamsted via the high court into two ways:
High Court in Hertfordshire has scheduled a hearing for possession order, but it is generally not observed as a landlord in Hemel Hempstead's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
The landlord in Hemel Hempstead shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
The County Court judge can decide to allow the transfer of enforcement in Berkhamsted, Hemel Hempstead, or Amersham or not, that's at the judge's discretion.
The Hemel Hempstead property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
The Hemel Hempstead 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.
A request for transfer may not be possible if there exists an outstanding request from a tenant in Hemel Hempstead; e.g., petition against the 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 Hemel Hempstead, Amersham, or Berkhamsted.
A control letter allows the landlord to seize the tenant or debtor's belongings in Hemel Hempstead, and this was formerly known as writ of Fieri facias or writ of fi fa.
Any debt that is controlled by the Consumer Credit Act (CCA), cannot be moved to the high court for execution because CCA regulated contracts can only be executed in the county court in Hertfordshire.
A Hemel Hempstead landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
The enforcements in Hemel Hempstead get quicker through HCEOs as compared with the bailiffs of County Court
Delays in implementation by the Hertfordshire county court bailiffs could cause the landlord to lose rental income
To avoid continued destruction of the property in Hemel Hempstead as well as antisocial behaviour
The HCEO can both seize goods and administer the order of possession in Hemel Hempstead, when there are unsettled bills
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
The renter may decide to challenge the request to transfer enforcement in Hemel Hempstead to high court considering that eviction is quicker and hiring an HCEO is costly compared to the Hertfordshire county court bailiff.
Some reasons the tenant may give include:
The Hemel Hempstead landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
Extra time is needed by the tenant to find some other place to live in Amersham, Berkhamsted, or Hemel Hempstead after eviction
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 Hemel Hempstead.
In case the county court in Hertfordshire allows the owner to move the order to the high court, the owner may require obtaining consent from high court before serving the possession writ except during:
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 Hemel Hempstead.
The moment an application to enforce a possession order has been sent to court, a property owner in Amersham, Hemel Hempstead, or Berkhamsted should be ready to notify each party occupying the property regarding the order application.
The high court will not give permission unless every Hemel Hempstead tenant is provided with the notice and the court considers it enough.
In Hertfordshire, no notification in any particular form is required.
The facts of the case will depend on what is enough notice.
If there is only one tenant in Hemel Hempstead in the property who is already aware that the case has been transferred to the High Court, in this case, a reminder of the terms of the court order from the landlord and a request that possession is given up can be considered sufficient notice.
Failing to provide sufficient notice, or to provide full information to the Court about pending applications or court appeals against the possession proceedings, can cause writ possession to be set aside, ever after its execution in Hemel Hempstead.
The note came on the heels of the individualized activities of HCEOs in Hertfordshire, such as the inappropriate use of Form N293A against tenants and not trespassers, and the direct application to the High Court to take over the case on the premise of Section 41 of the County Court Act 1984.
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 Hemel Hempstead faster than 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 Hemel Hempstead, Amersham, or Berkhamsted.
The common practice is to drop off the writ and return within a day or two, however, it is not a specific requirement by the HCEO to inform the tenants in Hemel Hempstead in the advance of their visit for the execution of the possession order.
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 Hemel Hempstead, they must serve a 7-days notice to the leaseholder.
High court in Hertfordshire enjoys the powers to set aside or uphold possession or control writ.
Applications should be submitted on Form N244 to the High Court.
In case, if the stay or set aside is permitted then it is significant that HCEO should be informed by the Hemel Hempstead tenant about this, as this is quite possible that HCEO has not been informed by the High Court.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in Hertfordshire.
HCEO's in Hemel Hempstead are not employed by court; however, they serve as business agencies mandated by high court.
Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.
The HCEOs cannot carry out the evictions if they aren't subscribed to a code of practice.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Hemel Hempstead unless they are recommended by the court to do so.
The actions of all other bailiffs and the HCEOs when goods are seized in Hemel Hempstead are in effect from 6 April 2014.
These restrictions mean that HCEOs cannot:
The time of entering the Hertfordshire residential property is before 6 am or after 9 pm unless authorized otherwise by the court
Enter the Hemel Hempstead property if there is only a child present who is aged under 16
Take goods such as the washing machine, fridge, or cooker
Based in Hemel Hempstead, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.