For a Landlord in Huddersfield to possess a letter of the warrant, he/she has to apply the transfer order to the High court through the High Court Enforcement Officer (HCEO), and HCEO applies the relocation of a possession order of enforcement from the county court to the High court on behalf of a Landlord.
In Huddersfield, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
On order of possession can be imposed in Brighouse, Huddersfield, or Holmfirth via the high court into two ways:
When the possession hearing takes place in the West Yorkshire High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Huddersfield applies for it in the High Court, however, the hearing can take place in the High Court in some exceptional situations like important points of law or complicated disputes of fact.
When the Huddersfield landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
It is at the county court's discretion whether to require enforcement in Huddersfield, Brighouse, or Holmfirth to be referred to the High Court.
During the county court possession hearings, a landlord in Huddersfield can request that the possession order to be moved to the high court for enforcement.
The Huddersfield landlord needs to make an application to the county court after obtaining the possession order and in this application, they request to transfer the order to the High Court for Enforcement.
Application for transfer can't be made in case there is any outstanding application from a tenant in Huddersfield, for example, an appeal against the order of possession.
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 Brighouse, Huddersfield, or Holmfirth.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Huddersfield.
If the debt is governed by the 1974 Consumer Credit Act (CCA), it cannot be referred for compliance to the High Court as CCA controlled transactions can only be imposed in the county court in West Yorkshire.
These are some reasons a landlord in Huddersfield could apply for a transfer to the High Court including:
The execution in Huddersfield through HCEOs is quick than the bailiffs of county courts
Delays in enforcement through County Court sheriffs in West Yorkshire can cause a loss of rental income too
It prevents further anti-social behaviour or destruction of property in Huddersfield
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Huddersfield if they owe money
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
A tenant may object the transfer of application of enforcement in Huddersfield to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in West Yorkshire.
Usually, tenants want to avoid this process because:
The landlord did not provide proof that the use of county court bailiffs in Huddersfield would be substantially affected
The tenant may require more time to look for a new play to live in Holmfirth, Brighouse, or Huddersfield before eviction takes place
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 Huddersfield.
If the landlord's request to transfer the possession order to the High Court is granted by the West Yorkshire county court, the landlord would then have to obtain the permission of the High Court ahead of the issuance of the writ of eviction, except in:
You will also not require permission for the writ of possession to be issued for a breach, including a breach of possession order that is suspended or when the possession order breach is bills that are unpaid in Huddersfield.
If permission is sought in the High Court to enforce a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Huddersfield, Brighouse, or Holmfirth must notify every person in real possession of the property of the application.
The High Court shall not give permission until every tenant in Huddersfield is provided notice as is deemed appropriate by the Court.
The notice can be given in any form in West Yorkshire since there are no specific requirements.
Sufficient proof depends on the facts of the case.
If the property has one sole tenant in Huddersfield who is aware of the case being in the High Court, a possession request and reminder of the court order's terms are enough notice.
In case the renter fails to give sufficient notice or fails to provide the entire information to court concerning petitions against possession proceedings or pending claims, the order of possession may be put aside although having been implemented in Huddersfield.
Some HCEOs in West Yorkshire 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).
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 Huddersfield is faster through HCEOs than through the county court bailiffs.
HCEO can execute a writ of possession within a few days after the expiry of the notice of the landlord's application to the High Court or when the possession writ is provided in Huddersfield, Brighouse, or Holmfirth.
The HCEO is not obligated to inform the tenant prior to their visit in Huddersfield on when the writ of possession would be executed, usually they deliver the writ and visit the property again the next day or 2 days after.
However, the HCEO needs to give a seven days' notice to the tenant where they need to seize goods and money while recovering possession of the property in Huddersfield.
The high court in West Yorkshire has the authority to either set aside or to stay the writ of possession or writ of control.
Form N244 is used for these applications.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Huddersfield because the HCEO may not have received this notice from the High Court.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in West Yorkshire.
HCEOs in Huddersfield are actually not the court's employees rather they're from court authorized commercial companies.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
The code of conduct governs the activities of HCEOs.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Huddersfield.
The regulations for governing HCEOs and bailiff's actions while seizing belongings in Huddersfield are applicable from April 6, 2014.
Under these regulations, HCEO has no right to:
Go inside the residential property in West Yorkshire before 6 am or after 9 pm, except the court approved it
Entering the property in Huddersfield while only a child under 16 years of age is present
Take the fridge, cooker, washing machine, or some other essential household items
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