For a Landlord in Hull 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.
HCEOs are also called law enforcement officers, sheriffs or certified bailiffs in Hull.
The possession order from the High Court can occur in Cottingham, Willerby, or Hessle through these means:
The possession hearing was in the High Court in East Riding of Yorkshire as this is unusual since if a property owner in Hull 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.
A landlord in Hull needs to apply in a County Court for the transfer of possession order to the High Court, so the enforcement is implemented by an HCEO.
It is at the discretion of the county court judge to approve the transfer of enforcement in Cottingham, Hessle, or Willerby to the High Court or not.
The landlord in Hull can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
After the court grants a possession order, the landlord in Hull must apply to the county court for the transfer of the Court order to the High Court for enforcement.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in Hull against a possession order.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Hessle, Willerby, or Cottingham and court fees that costs over £600.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Hull and this is commonly referred to as fi fa or Fieri facias writ.
Agreements regulated by the CCA cannot be enforced outside the East Riding of Yorkshire county court, so if the debt is guided by the 1994 CCA (Consumer Credit Act), it is impossible to transfer enforcement to the High Court.
The reasons why a landlord in Hull may request that the order be transferred for enforcement to the High Court include:
The enforcements in Hull get quicker through HCEOs as compared with the bailiffs of County Court
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in East Riding of Yorkshire
Prevention of further damage to the property in Hull or antisocial behaviour
If the tenant owes you money, the HCEO can seize the defaulter's goods in Hull to recover your money as well as enforce the possession order
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Hull is higher than the East Riding of Yorkshire county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
The tenant could have the following reasons:
The landlord in Hull did not prove that there will be colossal delay by using the county court bailiffs
The costs involved are disproportionate
S/he needs the extra time to find somewhere else to live in Willerby, Cottingham, or Hessle before an eviction is endorsed
The tenant's specific issues, such as whether he/she has noticeable rent arrears or children, will most of the time be relevant factors the court in Hull will consider.
The landlord must obtain permission from the High Court before the writ of possession is issued if the landlord's application to transfer possession order is granted by the East Riding of Yorkshire county court, except in:
In addition, permission is not required for serving the writ of possession due to a breach of a possession order and this includes suspended orders where the breach contains lack of paying money in Hull.
If the landlord in Cottingham, Hessle, or Willerby is in a possession to apply for the go ahead to enforce an order of possession in the High Court, he must ensure that all the people in actual possession of the property in question are notified.
The permission from high court cannot be granted until every tenant in Hull receives notification and court finds it satisfactory.
There are no specific instructions about what constitutes acceptable notice in East Riding of Yorkshire.
Enough notice will be decided upon the cases facts.
In the case of a sole tenant in Hull who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession could be sufficient notification.
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 Hull to be set aside.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in East Riding of Yorkshire.
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
Generally, possession order enforcement in Hull is quicker via HCEO as opposed to county court 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 Hessle, Willerby, or Cottingham.
HCEO does not need any requirement to notify the tenants in Hull in advance of their visit and the time they will execute the writ of possession, although it is common practice to drop off the writ and return a few days later.
HCEO must give notice of seven days when seeking possession of the property in Hull and to seize the goods or cost to recover the overdue rent.
It is possible to obtain stay or invalidation of warrant of possession or control through the high courts in East Riding of Yorkshire.
Applications should be made on form N244.
If granted is the set aside or stay, it is important where possible, the tenant in Hull informs the HCEO, from the HCEO the High Court may not have kept the truth.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a East Riding of Yorkshire county court.
HCEOs in Hull are actually not the court's employees rather they're from court authorized commercial companies.
Therefore, you need to go through the Directory of High Court Enforcement Officers to see those that are commissioned to carry out the task in your jurisdiction.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Hull, unless in the situation where the court orders so.
The regulations for governing HCEOs and bailiff's actions while seizing belongings in Hull are applicable from April 6, 2014.
According to these regulations HCEO is not allowed to:
Enter residential property in East Riding of Yorkshire after 9 pm or before 6 am unless stated by the court
Entering a property in Hull if the occupant is a child younger than 16
Take vital household goods like a cooker, fridge or washing machine
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