Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in Maidenhead is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
The HCEOs in Maidenhead are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
The possession order from the High Court can occur in Cookham, Marlow, or Maidenhead through these means:
The hearing was held at the High Court in Berkshire, this is unusual because if a landlord in Maidenhead applies in the High Court for a possession order, it will be transferred to the county court unless there are exceptional circumstances, such as complicated factual disputes or significant legal issues.
If the owner of the property in Maidenhead appeals the transfer of possession order from county to high court for HCEO implementation.
County court determines if the enforcement in Maidenhead, Cookham, or Marlow can be transferred to high court.
The landlord in Maidenhead 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 Maidenhead must apply to the county court for the transfer of the Court order to the High Court for enforcement.
The landlord can't make the application if there are outstanding issues such as if the tenant in Maidenhead has appealed against the order.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Maidenhead, Cookham, or Marlow, and if courts cost in addition to rents owed is more than £600.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Maidenhead, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
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 Berkshire.
A Maidenhead landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
Enforcement in Maidenhead 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 Berkshire
Prevention of further damage to the property in Maidenhead or antisocial behaviour
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Maidenhead if they owe money
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to Berkshire county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Maidenhead go to the High Court.
The reasons include but not limited to:
The landlord in Maidenhead did not prove that there will be colossal delay by using the county court bailiffs
The costs involved are disproportionate
They would require more time to find another place to live in Maidenhead, Marlow, or Cookham before eviction
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 Maidenhead will consider.
If the Berkshire county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except in:
Authorization for the issuance of a possession writ is also not needed in case there is a breach of possession comprising of suspension of order where there is or lack of payment of money in Maidenhead.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Marlow, Maidenhead, or Cookham will have to give notice of that application to every party in actual possession of the premises.
The landlord will not be granted permission from the High Court unless notice is served to each Maidenhead tenant considered enough by the court.
There is no requirement to provide notice in any particular form in Berkshire.
Dependent on the facts of the case, is what is sufficient notice.
If there is only one tenant in Maidenhead in the property who is already aware that the case has been transferred to the High Court, in this case, a reminder of the terms of the court order from the landlord and a request that possession is given up can be considered sufficient notice.
The writ of possession may be annulled even after it has been enforced in Maidenhead, in cases where the landlord fails to provide enough notice, or when information about appeals against the possession hearings or pending application is withheld from the court.
There are cases where various HCEOs in Berkshire trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
On 21 March 2016, a practice note was issued by the Senior Master of the High Court in order to ensure that these malpractices stop.
HCEOs ensure faster enforcement of a possession order in Maidenhead than bailiffs in a County Court.
The execution can be done just a couple of days after the landlord's application for permission to the High Court expires or the possession writ is issued in Cookham, Maidenhead, or Marlow.
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 Maidenhead 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 Maidenhead, they must give the tenant or creditor a seven days' notice.
The Berkshire High Court can uphold or set aside a writ of possession, or writ of control.
The N244 form should be used to make applications to the High Court.
If the staying or setting aside is acquired, it is vital where necessary, that the Maidenhead leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
To set aside the possession order that was original, all the applications must be made to the county court in Berkshire.
HCEOs in Maidenhead are commercial agencies commissioned by the High Court and not employees of the court.
If you need to check the names of enforcement officers in England and Wales, there is a Directory of High Court Enforcement Officers who have been authorized to execute High Court writs.
All high court enforcement officers must abide to a code of practice.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Maidenhead unless court affirms.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Maidenhead with effect from 6 April 2014.
The laws require that an HCEO should not:
Enter the Berkshire property before 6am or after 9pm unless when ordered by the court
Enter a premise in Maidenhead if the only person inside is someone under the age of 16
Seize important household items including fridges, washing machine or cooker
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