One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in High Wycombe can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
High Court Enforcement Officers in High Wycombe are also called certificated bailiffs, Sheriffs, or enforcement agents.
A possession order can only be enforced in Micklefield, Beacon Hill, or High Wycombe through the High Court when:
Hearing in the High Court in Buckinghamshire 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 High Wycombe landlord will be transferred to the County Court.
If the owner of the property in High Wycombe appeals the transfer of possession order from county to high court for HCEO implementation.
It is the choice of the County Court judge to permit the transference of enforcement in Micklefield, Beacon Hill, or High Wycombe to the High Court.
The landlord in High Wycombe can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
Once the order of possession is obtained by the High Wycombe landlord, he can appeal before county court and request movement of order for purposes of implementation in high court.
If there is an appeal against the ruling or any pending applications from the High Wycombe tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
The landlord can also apply for a writ of control if they need to recover the rent arrears and court costs of more than £600 in High Wycombe, Beacon Hill, or Micklefield.
Formerly and still popularly referred to as a writ of Fieri facias or writ of fi fa, a writ of control allows the tenant/debtors belongings to be seized or sold in High Wycombe.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in Buckinghamshire is the one mandated with the enforcement of CCA regulated agreement.
There are certain reasons why a landlord in High Wycombe can apply for a transfer of the order to the High Court for enforcement including:
The enforcement in High Wycombe is normally faster via the HCEOs compared to county court bailiffs
Loss of rental income because of delay in enforcement through the Buckinghamshire county court bailiffs
It avoids additional anti-social activities or property destructions in High Wycombe
The HCEO can both seize goods and enforce the possession order in High Wycombe when money is owed
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
The costs of using an HCEO for eviction in High Wycombe are higher than the Buckinghamshire county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement to the High Court.
Some reasons the tenant may give include:
The landlord has not given any proof that a delay will be caused if a county court bailiff is used in High Wycombe
The costs incurred are out of balance
To locate somewhere else to stay in High Wycombe, Micklefield, or Beacon Hill until relocation, he / she need extra time
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in High Wycombe.
In case the county court in Buckinghamshire 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:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in High Wycombe.
When the landlord in High Wycombe, Micklefield, or Beacon Hill 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 will not award approval except each tenant in High Wycombe has such notice as the Court feels is enough.
There is no particular method for sending the notice to those in Buckinghamshire.
The facts of the case will determine whether the notice is enough.
In the event that only one tenant in High Wycombe is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
If the landlord has failed to provide enough notice or does not provide complete information to the court regarding pending appeals against the possession proceedings then, he may face set a side of the writ of possession even after its execution in High Wycombe.
The several incidents of HCEOs in Buckinghamshire trying to divert from the specified process by giving a direct application and taking charge of matter with the wrong usage of section 41 or N293A which is in opposition to tenants rather than trespassers.
On 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
Normally, HCEOs can execute an order of possession in High Wycombe more quick than the county court's bailiffs.
The execution of a letter of possession by a HCEO may take place only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the issue of the letter of possession in High Wycombe, Micklefield, or Beacon Hill.
Even though it is a frequent practice for a HCEO to deliver the writ and return a day or two later, there is no need for them to let the tenants in High Wycombe know in advance of their visit regarding when they will be carrying out the writ of possession.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in High Wycombe, they are bound to give a seven day notice to tenant.
The High Court in Buckinghamshire has the mandate to set aside or delay a possession writ, or control writ.
Form N244 should be used when applying to the high Court.
If the stay is issued or set aside, it is necessary that the respondent in High Wycombe advises the HCEO of this aspect where appropriate, since the High Court may not have notified the HCEO.
To set aside the possession order that was original, all the applications must be made to the county court in Buckinghamshire.
HCEOs in High Wycombe are commercial agencies commissioned by the High Court and not employees of the court.
The Register of High Court Compliance Officers comprises the lists of England and Wales enforcement officers approved to conduct writs from the High Court.
HCEOs pledges to a code of practice.
A possession writ shall not be executed on a Sunday, Good Friday or Christmas Day in High Wycombe, unless otherwise ordered by the court.
Regulations govern the activities of HCEOs and all other bailiffs in High Wycombe with effect from 6 April 2014.
The regulations include the requirements not to be met by the HCEO:
Entering the residential property in Buckinghamshire before 6 am or after 9 pm, unless with the court's authority
Entering a property in High Wycombe with an under 16 person the only person in the property
Seize important household items including fridges, washing machine or cooker
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