Having the county court issue a warrant of possession is an alternative to enforcing a possession order and the landlord in Leicester needs to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in Leicester.
A possession order can only be enforced in Beaumont Leys, Clarendon Park, or Aylestone through the High Court when:
The hearing of possession occurred within the High Court in Leicestershire, this is bizarre, because if a landlord in Leicester does apply for a possession notice in the High Court, it would usually get transferred to the county court, and it would only stay there if there are unusual situations involved within the order.
If the Leicester landowner writes to request the regional court to move the possession order to high court where it can be executed by a representative from high court.
The transfer of enforcement in Beaumont Leys, Aylestone, or Clarendon Park to the high court is determined by the judge of the county court.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Leicester to move the order of possession for enforcement in high court.
After a possession order has been served, the Leicester property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
A land owner cannot apply for a transfer if the tenant in Leicester has a pending application, for instance, an appeal against the notice of possession.
If court costs and rent arrears amounting to more than £600, then, the landlord may file for a writ of control to recover the amount in Beaumont Leys, Clarendon Park, or Aylestone.
A writ of control allows the landlord in Leicester to seize and sell the tenants goods which is also known as a writ of Fieri facias or writ of fi fa.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in Leicestershire is the one mandated with the enforcement of CCA regulated agreement.
The reasons that may lead to a landlord in Leicester asking for a transfer of the order to the High Court for enforcement include that:
Enforcement in Leicester is quicker through HCEOs than the county court bailiffs
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in Leicestershire
Prevent the expedition of property destruction in Leicester or anti-social actions
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Leicester if they owe money
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
The tenant can oppose the application to move enforcement in Leicester to the high court because the eviction is much faster and the costs of hiring a HCEO are higher than that of a county court bailiff in Leicestershire.
This may be because:
No evidence from the landlord that there will be a significant delay using the county court bailiffs in Leicester
The total expenses incurred aren't balanced
He/she is looking for some extra time to find a place to stay in Aylestone, Clarendon Park, or Beaumont Leys before vacating
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 Leicester will consider.
In case the county court in Leicestershire allows the owner to move the order to the high court, the owner may require obtaining consent from high court before serving the possession writ except during:
There may not be a need for permission if the application for writ of possession is facilitated by breach of a possession order, such as a suspended possession order or unpaid rent in Leicester.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Aylestone, Clarendon Park, or Beaumont Leys when they have applied for the permission to enforce a possession order in the High court.
The High Court won't grant the permission without proof that every tenant in Leicester is notified of the notice.
There are no laid down rules for providing the notice in Leicestershire.
Details of the suit will decide if the order is sufficient.
When dealing with just one tenant in Leicester 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 Leicester.
The note came on the heels of the individualized activities of HCEOs in Leicestershire, such as the inappropriate use of Form N293A against tenants and not trespassers, and the direct application to the High Court to take over the case on the premise of Section 41 of the County Court Act 1984.
The Senior Master of the High Court (Queens Bench Division) gave out a practice not on the 21st March 2016 to stop the carelessness.
Frequently, HCEO's enforcement of order of possession in Leicester is frequently faster than the county court agents.
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 Aylestone, Beaumont Leys, or Clarendon Park.
HCEO does not need any requirement to notify the tenants in Leicester 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.
The HCEO must give the tenant a seven days' notice if they are seeking to seize money or goods, and recover possession of the property in Leicester.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Leicestershire.
The applicants can use the Form N244 to submit an application in the High Court.
The tenant in Leicester must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in Leicestershire.
HCEOs in Leicester aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
You can research for the list of the Directory of High Court Enforcement Officers, for the enforcement officers in England and Wales who have the approval to implement High Court writs.
HCEOs pledges to a code of practice.
A possession writ shall not be executed on a Sunday, Good Friday or Christmas Day in Leicester, unless otherwise ordered by the court.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Leicester when seizing tenant goods.
These restrictions mean that HCEOs cannot:
Go inside the residential property in Leicestershire before 6 am or after 9 pm, except the court approved it
Enter a premise in Leicester if the only person inside is someone under the age of 16
Take important household items like a fridge, washing machine, or cooker
Based in Leicester, 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.