A landlord in Liverpool can apply to transfer a possession order to the High Court Enforcement Office (HCEO) as an alternative to enforcing the process with a request from a county court to give a warrant possession notice.
The HCEO is also known by other names in Liverpool, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
Often, a possession order is enforced in Kirkby, Liverpool, or Prescot in a high court under two conditions:
The possession hearing was in the high court in Merseyside as this is rare because the possession order is typically moved to the county court when a landlord in Liverpool seeks it, but it can take place in the High Court under exceptional circumstances such as factual disagreements or disagreements on law.
The landlord in Liverpool specifically applies to the county court to get the process transferred into the High Court.
The County Court judge can decide to allow the transfer of enforcement in Prescot, Liverpool, or Kirkby or not, that's at the judge's discretion.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Liverpool to move the order of possession for enforcement in high court.
Following the approval of the possession order, the landlord in Liverpool is required to apply to the county court for a transfer of enforcement of the possession order to the High Court.
You cannot make an application when there is an outstanding appeal from the tenant in Liverpool, like an application to close the possession order.
The landlord can also apply for a writ of control if they need to recover the rent arrears and court costs of more than £600 in Liverpool, Prescot, or Kirkby.
The control writ offers the power to grab and auction a debtor/renter's possessions in Liverpool and is usually to as either fiery facias or fi fa writ.
Any arrears managed by CCA (Consumer Credit Act) cannot be transferred to high court so as to be implemented attributing to the fact that CCA controlled agreements may only be implemented within the Merseyside county court.
If a landlord in Liverpool is applying for possession order transfer to the High Court for enforcement, it may be because:
The enforcement in Liverpool is normally faster via the HCEOs compared to county court bailiffs
Rental income losses caused by delays in enforcement through the bailiffs of the county court in Merseyside
Avoid further property damage in Liverpool and any antisocial behaviour of the tenants
The HCEO can impose the order of custody and seize the products in Liverpool if the money is due
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
HCEOs offer faster eviction speed in Liverpool and are more expensive than the bailiffs in County Court in Merseyside, thus, a tenant may not be comfortable with the transfer arrangement and kick against it for a wide range of reasons.
The explanations for the lease might include:
The Liverpool landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The costs involved are disproportionate
To locate somewhere else to stay in Liverpool, Kirkby, or Prescot until relocation, he / she need extra time
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 Liverpool.
If the application of the landlord to switch is given the green light by the Merseyside county court, then, before having a writ of possession issued, the landlord needs to get permission from the High Court first, except in these circumstances:
Moreover, you don't need permission to issue a writ of possession if there is a breach of the possession order, including a violation of a suspended possession order by failing to pay money in Liverpool as required.
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 Liverpool, Kirkby, or Prescot must notify every person in real possession of the property of the application.
The High Court shall not give permission until every tenant in Liverpool is provided notice as is deemed appropriate by the Court.
There is no specific requirement of notice to be served in a set form in Merseyside.
Sufficient proof depends on the facts of the case.
In the case of a sole occupant in Liverpool 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 Liverpool.
It is also possible that HCEOs in Merseyside take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in Liverpool rather than county court bailiffs.
HCEOs require few days to enforce warrant of possession if the application notice of permission expires or after issuance of warrant of possession in Liverpool, Prescot, or Kirkby.
The HCEO doesn't need to inform the tenants in Liverpool about when they are going to execute the writ of possession, and the HCEOs usually drop off the writ return a day or two later.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Liverpool property as well as the seizure of goods and money such as pending rents or any other costs.
The High Court in Merseyside has the right to keep or set aside a letter of possession or control.
Form N244 should be used to send the stay or set aside applications to the High Court.
However, if the stay or set aside is granted, the tenant in Liverpool must inform the HCEO because the High Court may not have told them.
Otherwise, other applications, including setting aside the original possession order must be made to the Merseyside county court.
The High Court authorizes the HCEOs as commercial agencies in Liverpool, thus, they are not on the court's payroll.
In Wales and England, the directory of HCEO's has names of all enforcement officers who are authorized to enforce high court writs.
HCEOs are required to follow practice code.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Liverpool unless the Court orders otherwise.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Liverpool.
The regulations stipulate that:
Go inside the Merseyside residential premises earlier than 6 am or past 9 pm unless the court orders that
Enter the Liverpool premises if the only person available is a child under 16 years of age
Take household goods such as fridge, cooker, washing machine, and many more
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