One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Hillingdon 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 Hillingdon are also called certificated bailiffs, Sheriffs, or enforcement agents.
The High Court can impose a possession order in Denham Green, Wood End Green, or South Harefield if:
The hearing for the possession order was in the High Court in Greater London as a hearing a possession order in the High court is abnormal because, if a Hillingdon landlord sues for a possession order in the High Court, the case is transferred to the county court except there are particular circumstances, like complex disputes of fact or vital points of law.
The landlord in Hillingdon shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
It's often the decision of the judge at the county court if the order in South Harefield, Wood End Green, or Denham Green will be allowed to get transferred to the High Court.
The landlord in Hillingdon can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
If the Hillingdon landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
An application for transfer cannot be made if there are any outstanding applications from the Hillingdon tenant, For instance, if the tenant has made an appeal against the possession order.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Wood End Green, Denham Green, or South Harefield.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Hillingdon, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
The possession order cannot be regulated to the High Court if the overdue rent is regulated by the Consumer Credit Act 1974 (CCA) because CCA regulated contracts can only be implemented by the Greater London County Court.
A Hillingdon landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
The enforcement process is quicker in Hillingdon through the HCEO than the county court bailiffs
Delays in enforcement through County Court sheriffs in Greater London can cause a loss of rental income too
Prevention of further damage to the Hillingdon property and/or anti-social behaviour
The HCEO can both seize goods and enforce the possession order in Hillingdon when money is owed
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
Because the speed of eviction in Hillingdon is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Greater London county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The reasons why a tenant can do so are:
Landlord's failure to provide evidence that there will be problems while using the county court bailiffs in Hillingdon
The costs involved are disproportionate
He/she needs more time to look for another place to live in Wood End Green, Denham Green, or South Harefield before eviction
The Hillingdon court's decision about the order transference is affected by a number of factors, for instance, in case there are children with tenants or presence of notable rental arrears.
If the application of the landlord to switch is given the green light by the Greater London county court, then, before having a writ of possession issued, the landlord needs to get permission from the High Court first, except in these circumstances:
If there is a possession order violation like suspended possession order which may include non-payment of money in Hillingdon, then the issuance of a writ of possession does not require permission.
When the landlord in Denham Green, Wood End Green, or South Harefield 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.
Permission must not be granted by the High Court except each tenant in Hillingdon is provided with the notice in the timeframe that is deemed sufficient by the Court.
There are no specific instructions about what constitutes acceptable notice in Greater London.
What is acceptable depends on the particular case in question.
If there is just one tenant in the Hillingdon property, who is already aware of the case being transferred, then a simple reminder by the landlord of the guidelines from the court order and a demand that the property is to be given up is more than enough.
Failure to provide sufficient notice means failure to provide enough information to the Court about pending applications or appeals against the proceedings, and this can lead to the writ of possession been set aside, even after its execution in Hillingdon.
Some HCEOs in Greater London may not follow the correct procedure and they apply straight to the high court to take over a suit or use Form N293A to circumvent the proper process and can apply directly to the High Court to take over a matter and were misusing Form N293A.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
Enforcement of a possession order in Hillingdon is faster through HCEOs than through the county court bailiffs.
It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in Wood End Green, South Harefield, or Denham Green.
A HCEO does not have to give tenants any notice in advance before their visit in Hillingdon to execute the writ of possession because there is no requirement for that, however, some HCEOs usually send the writ one or two days before visiting the premises.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Hillingdon, it is imperative that a 7-day notice is given to the tenants in question.
Any writ of possession orders can be set aside or kept with the High Court in Greater London.
You will need to complete form N244 during your application to high court.
If the court grants either the stay or set aside the application, the tenant in Hillingdon should inform the HCEO who may not have the updated information.
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 Hillingdon are commercially paid agencies given authority by the High Court and are not actual employees of the court.
In England and Wales, names of the enforcement officers authorised to execute High Court writs are contained in the Directory of High Court Enforcement Officers.
HCEOs pledges to a code of practice.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Hillingdon, unless in the situation where the court orders so.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Hillingdon when seizing tenant goods.
The HCEOs are restricted from:
Enter residential property in Greater London before 6 am or after 9 pm unless the Court has authorised them
Entering in the Hillingdon property when only a kid of less than 16 years of age is present inside
Remove household goods deemed essential; cookers, fridges, washing machines
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