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 Hertfordshire to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Hertfordshire.
On order of possession can be imposed in Saint, Watford, or Albans via the high court into two ways:
The possession hearing was in the High Court in Hertfordshire as this is unusual since if a property owner in Hertfordshire applies for a possession order in the High Court, it will be transferred to the County Court unless there are special cases, like complicate disagreements of fact or significant points of law.
If the owner of the property in Hertfordshire appeals the transfer of possession order from county to high court for HCEO implementation.
The county court judge has to decide whether to allow the transfer of enforcement in Watford, Saint, or Albans to the High Court.
A landlord in Hertfordshire can apply for transfer during the proceedings of a possession order in County Court as he can request for transfer of it to the High court for enforcement.
The Hertfordshire landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
The landlord cannot apply for high court transfer in case of any outstanding application such as if the appeal against the possession order is filed by the tenant in Hertfordshire.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Watford, Albans, or Saint, and if courts cost in addition to rents owed is more than £600.
The writ of control is empowering the landlord to seize and sale the tenant's goods to recover his money in Hertfordshire, and it is called the 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 Hertfordshire County Court can enforce agreements regulated by the CCA.
A Hertfordshire landlord can apply for transfer of the possession order to a High Court for the following reasons:
Enforcement in Hertfordshire is usually faster by HCEOs than by county court bailiffs
Delay in enforcement via County Court bailiff in Hertfordshire causes rental income loss
It prevents further anti-social behaviour or destruction of property in Hertfordshire
The HCEO has the power to implement the order of possession and seize belongings in Hertfordshire if money is owned
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Hertfordshire is higher than the Hertfordshire county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
The reasons for the tenant might include:
The landlord is yet to prove that there may delays if the case is handled by a county court's bailiffs in Hertfordshire
The total costs involved are not proportionate
Extra time is needed by the tenant to find some other place to live in Saint, Albans, or Watford after eviction
The tenant needs to highlight the relevant factors the court in Hertfordshire can take into consideration such as having significant arrears or having kids.
If the County Court in Hertfordshire 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:
If there is a possession order violation like suspended possession order which may include non-payment of money in Hertfordshire, then the issuance of a writ of possession does not require permission.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Watford, Albans, or Saint when they have applied for the permission to enforce a possession order in the High court.
The high court will not give permission unless every Hertfordshire tenant is provided with the notice and the court considers it enough.
Notice can be given in any way in Hertfordshire as there are no rules for this.
The satisfactory notice will vary according to the case facts.
Once a tenant in Hertfordshire 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 does not give adequate notice or fail to offer information that is complete to the Court about any pending appeals or applications against the proceedings for possession, this could cause the possession writ, even after its execution in Hertfordshire to be set aside.
Some HCEOs in Hertfordshire apply to the High Court directly to take over the case through Form N293A or Section 41, the County Court Act 1984, and they thus bypass the normal procedure.
The Senior Master of the High Court (Queens Bench Division) gave out a practice not on the 21st March 2016 to stop the carelessness.
Normally, HCEOs can execute an order of possession in Hertfordshire more quick than the county court's bailiffs.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in Albans, Saint, or Watford.
There is no provision for a HCEO to inform tenants in Hertfordshire in advance of their visit when they will execute the possession document, although it is common practice for them to drop the letter and return one or two days later.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the Hertfordshire property, a seven-day notice must be given to the tenant/creditor.
Any writ of possession orders can be set aside or kept with the High Court in Hertfordshire.
Form N244 should be used when applying 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 Hertfordshire tenant about this, as this is quite possible that HCEO has not been informed by the High Court.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Hertfordshire.
HCEO's in Hertfordshire are not employed by court; however, they serve as business agencies mandated by high court.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
Except stated otherwise by the court, a writ of possession cannot be enforced on Christmas Day, Good Friday, or on a Sunday in Hertfordshire.
Regulations govern the action of HCEOs and all other bailiffs in Hertfordshire while seizing goods with the effect from 6 April 2014.
The laws require that an HCEO should not:
The HCEO mustn't enter a residential property in Hertfordshire before 6 am, or after 9 pm, without authorization from the court
Entering in the Hertfordshire property when only a kid of less than 16 years of age is present inside
Take goods such as the washing machine, fridge, or cooker
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