One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Lambeth can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
These HCEOs are also known as Sheriffs, certificated bailiffs or enforcement agents in Lambeth.
High court may impose a possession order in Kennington, Brixton, or Lambeth in 2 ways:
If the High Court in Greater London has the possession hearing as this is quite unusual, though the normal thing is that when a Lambeth landlord approaches the High Court to apply for a possession order, the order will be transferred to the County Court, and the exceptions are disputes of points of law or of fact.
The Lambeth landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
It's often the decision of the judge at the county court if the order in Lambeth, Kennington, or Brixton will be allowed to get transferred to the High Court.
The landlord in Lambeth can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
The Lambeth landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
An application for transfer cannot be made if there are any outstanding applications from the Lambeth tenant, For instance, if the tenant has made an appeal against the possession order.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Lambeth, Brixton, or Kennington.
The writ of control is empowering the landlord to seize and sale the tenant's goods to recover his money in Lambeth, and it is called the writ of Fieri facias or writ of fi fa.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in Greater London can only be enforced by the County Court.
There are certain reasons why a landlord in Lambeth can apply for a transfer of the order to the High Court for enforcement including:
The execution in Lambeth through HCEOs is quick than the bailiffs of county courts
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in Greater London
Stopping any property damage or behaviour that is anti-social in Lambeth
HCEO has the right to enforce the possession order as well as seizing the goods in Lambeth if there is any pending rent
Interest, currently at the rate of 8 percent, will accrue on the judgment debt for arrears from the moment the order is transferred.
Since the level of eviction is quicker in Lambeth but the expense of using a HCEO is greater than the county court bailiffs in Greater London, a plaintiff may want to respond to a proposal to shift compliance to the High Court.
This may be because:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Lambeth
The involved cost are unbalanced
The tenants need extra time to get an alternative housing arrangement in Lambeth, Brixton, or Kennington
The common factors of tenants that are classed as exceptional situations that court in Lambeth might consider are overdue rent, children or any relevant factors.
If the property owner's application to transfer is allowed by the Greater London county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, 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 Lambeth.
If the landlord in Lambeth, Brixton, or Kennington 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 High Court won't grant the permission without proof that every tenant in Lambeth is notified of the notice.
The notice can be given in any form in Greater London since there are no specific requirements.
Dependent on the facts of the case, is what is sufficient notice.
When dealing with just one tenant in Lambeth who is aware of the transfer to the High Court, the landlord may just send a reminder, reminding the tenant of the court order and he should also remind the tenant to give up the possession.
Failure to provide enough notice or correct and complete information regarding pending applications or court appeals against the proceedings can cause the writ of possession to be set aside after it's execution in Lambeth.
Some HCEOs in Greater London had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
On 21 March 2016, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
HCEOs usually enforce a possession order in Lambeth faster than 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 Brixton, Kennington, or Lambeth.
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 Lambeth know in advance of their visit regarding when they will be carrying out the writ of possession.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Lambeth, they must give the tenant or creditor a seven days' notice.
The High Court in Greater London has the mandate to set aside or delay a possession writ, or control writ.
Applications can be made by filling out the N244 form while giving application to high court.
If the staying or setting aside is acquired, it is vital where necessary, that the Lambeth leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
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 Lambeth are not employed by the courts they are licensed commercial agencies.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
All enforcement officers in high court should adhere to the code of service.
Except stated otherwise by the court, a writ of possession cannot be enforced on Christmas Day, Good Friday, or on a Sunday in Lambeth.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in Lambeth.
These restrictions mean that HCEOs cannot:
Entering the residential property in Greater London before 6 am or after 9 pm, unless with the court's authority
Enter if the sole individual present in the Lambeth property is a child aged under 16
Taking basic household stuff for instance refrigerator, cooker or washing machine
Based in Lambeth, 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.