Another method for implementation of order of possession is requesting possession warrant from the county court and then the landlord in Hounslow will be able to apply for the order to move in high court where it can be implemented by enforcement officer of the high court (HCEO).
These HCEOs are also known as Sheriffs, certificated bailiffs or enforcement agents in Hounslow.
A possession warrant may be imposed in Egham, Hythe End, or Wraysbury by the High Court 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 Hounslow 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 Hounslow shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
It is at the discretion of the county court judge to approve the transfer of enforcement in Wraysbury, Egham, or Hythe End to the High Court or not.
During the proceedings of a possession order in the county court, the landlord in Hounslow can plea enforcement to bed moved to the High Court.
Upon securing a possession warrant, the owner in Hounslow will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
An application for transfer cannot be made if there are any pending applications from the tenant in Hounslow, for example, an appeal against the possession order.
If the total costs including the unpaid rent along with court expenses are over £600, the owner of the property can appeal for warrant of control for recovering the owed money in Egham, Wraysbury, or Hythe End.
The control writ offers the power to grab and auction a debtor/renter's possessions in Hounslow and is usually to as either fiery facias or fi fa writ.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the Greater London County Court can enforce agreements regulated by the CCA.
There can be a number of reasons for which landlords in Hounslow can request the transference in high court for execution including the following:
Enforcement in Hounslow is usually faster by HCEOs than by county court bailiffs
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in Greater London
Prevention of further damage to the property in Hounslow or anti-social behaviour
The HCEO can both carry out the order and apprehend possessions in Hounslow, when money is owed to the landlord
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
Not only is it more expensive to use a HCEO, eviction in Hounslow is also faster with HCEOs as compared to county court bailiffs in Greater London, tenants may counter an application for a transfer to the High Court for enforcement.
Usually, tenants want to avoid this process because:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Hounslow
The costs involved are not proportionate
The tenant needs enough time to find alternative accommodation in Wraysbury, Egham, or Hythe End
Often, the Hounslow court will take into consideration some circumstances surrounding the tenant's situation, such as if there are any children involved or whether the tenant has good rent arrears.
In case the order transference application made by the landlord is granted by the county court in Greater London, he would also have to get permission from high court before serving warrant of possession except:
If there is a possession order violation like suspended possession order which may include non-payment of money in Hounslow, then the issuance of a writ of possession does not require permission.
The moment an application to enforce a possession order has been sent to court, a property owner in Hythe End, Egham, or Wraysbury should be ready to notify each party occupying the property regarding the order application.
The High Court shall not give permission until every tenant in Hounslow is provided notice as is deemed appropriate by the Court.
There is no particular method for sending the notice to those in Greater London.
Dependent on the facts of the case, is what is sufficient notice.
In the case of a sole occupant in Hounslow that has had case in the High Court had acknowledged the notice, reminding them of the court order's terms and a request for possession is counted as enough notice.
Failing to provide good enough notice or failing to give the full details to the Court about current appeals or applications not in favour of the process, can waver the writ of possession process, even if it's been executed in Hounslow.
Some HCEOs in Greater London tried to go around the procedure that is correct by submitting an application to the High Court directly to be in charge of the matter under section 41 of the County Court Act 1984, or by using Form N293A inappropriately (i.e. against tenants instead of trespassers).
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
Normally, HCEOs can execute an order of possession in Hounslow more quick than the county court's bailiffs.
Execution of the possession order is possible only in a few days of the expiration of the notice given by the landlord when executed by the high court or after then possession writ is issued in Hythe End, Egham, or Wraysbury.
In most cases, they do not inform the tenants of their visit in Hounslow and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Hounslow, it is imperative that a 7-day notice is given to the tenants in question.
The Greater London High Court reserves the right to stay or set aside a writ of control or a writ of possession.
Applications can be made by filling out the N244 form while giving application to high court.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Hounslow will inform the HCEO of this fact as the High Court may not have informed the HCEO.
The Greater London county court is to set aside the original order of possession to apply for any other application.
High Court enforcement officers (HCEOs) in Hounslow are commercial agencies which are not employees of High court however they are authorized by the high 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.
As a standard HCEOs subscribe to a code of practice.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Hounslow unless the Court orders otherwise.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Hounslow are governed by some regulations.
The regulations have requirements that a HCEO must not:
Without the court orders, entering a residential property in Greater London later than 9pm or prior to 6am
Enter the Hounslow property if there is only a child present who is aged under 16
Carry important household goods such as a microwave, refrigerator or laundry
Based in Hounslow, 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.