If a landlord in Newport doesn't want to issue a warrant for possession order, the landlord may apply for the transfer of the order to the High Court, then, the High Court Enforcement Officer (HCEO) will enforce the order.
High Court Enforcement Officers in Newport are also called certificated bailiffs, Sheriffs, or enforcement agents.
High court may impose a possession order in Pontypool/Pont-y-pwl, Cwmbran/Cwmbrân, or Ebbw Vale/Glyn Ebwy in 2 ways:
The hearing of possession occurred within the High Court in Gwent, this is bizarre, because if a landlord in Newport 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.
When the Newport landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
The decision to permit the transfer of enforcement in Cwmbran/Cwmbrân, Ebbw Vale/Glyn Ebwy, or Pontypool/Pont-y-pwl to the High Court is solely taken by the county court judge.
The Newport landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
The Newport landlord will need to apply to the county court requesting that the possession order be transferred to the High Court for enforcement purposes after a possession order has been obtained.
If there are any applications made by the Newport tenant, such as a possession order appeal against, an application for move cannot go through.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Cwmbran/Cwmbrân, Ebbw Vale/Glyn Ebwy, or Pontypool/Pont-y-pwl, and if courts cost in addition to rents owed is more than £600.
A writ of control allows the landlord in Newport to seize and sell the tenants goods which is also known as a writ of Fieri facias or writ of fi fa.
However, the debt cannot be transferred to the High Court if the debt or rent arrears are regulated by the Consumer Act 1974 (CCA), that is because agreements regulated by the CCA can only be enforced in the Gwent county court.
There are various grounds for a land owner in Newport to apply for the order transfer for implementation in high court, such as:
The enforcements in Newport get quicker through HCEOs as compared with the bailiffs of County Court
Loss in rental income by the Gwent county court bailiffs due to delays in compliance
It prevents further anti-social behaviour or destruction of property in Newport
The HCEO can enforce a possession order as well as seize the goods in Newport when money is due
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
Because the speed of eviction in Newport is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Gwent county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The reasons for the tenant may be:
The landlord in Newport has not given any proof of delays in case of usage of bailiffs from county courts
The costs involved are not proportionate
He/she needs the excess time to find somewhere else to stay in Ebbw Vale/Glyn Ebwy, Pontypool/Pont-y-pwl, or Cwmbran/Cwmbrân before being evicted
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in Newport.
If County Court in Gwent grants the application of landlord to transfer to High Court, the landlord needs to get the high court permission before the issuance of the writ of possession, except in:
Similarly, you can continue with a breach of possession order without having to worry about the writ of possession and this also applies to the suspended possession order in Newport.
The moment an application to enforce a possession order has been sent to court, a property owner in Pontypool/Pont-y-pwl, Cwmbran/Cwmbrân, or Ebbw Vale/Glyn Ebwy should be ready to notify each party occupying the property regarding the order application.
High Court is not allowed to permit until every tenant in Newport is given the notice that is deemed sufficient enough.
There is no particular method for sending the notice to those in Gwent.
The details of the case determined the duration of notice that is sufficient.
If the case revolves around a single tenant in Newport who is already aware of the case moving to high court, then a renter's reminder about order specifications and request of returning property possession qualifies as a satisfactory notice.
Failure to give adequate notice or failure to provide the Court with full information on pending appeals or applications against the proceedings of possession may result in the writ of possession being set aside even after it has been executed in Newport.
Many HCEOs in Gwent have tried to circumvent the correct procedure by explicitly appealing to the High Court to take over the matter according to section 41 of the County Court Act 1984, or improperly utilizing Form N293A (i.e. rather than trespassers, against tenants).
On 21 March 2016, a practice note was released by the Senior Master of the High Court (Queens Bench Division) to ensure such malpractices are brought to an end.
Enforcement of a possession order in Newport is faster through HCEOs than through the county court bailiffs.
Execution of the possession order is possible only in a few days of the expiration of the notice given by the landlord when executed by the high court or after then possession writ is issued in Pontypool/Pont-y-pwl, Cwmbran/Cwmbrân, or Ebbw Vale/Glyn Ebwy.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Newport although it is common practice for them to drop off the writ and return a day or two later.
In cases where a HCEO is claiming to seize money and goods due to costs and rent arrears and recovering possession of the premises in Newport, they will have to provide the tenant a 7 days' notice.
The High Court in Gwent can set aside or stay a writ of control or a writ of possession application.
Form N244 is used for these applications.
The tenant in Newport 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 Gwent.
HCEOs in Newport 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.
All enforcement officers of the high court need to adhere to the practice code.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Newport unless they are recommended by the court to do so.
Since 6 April 2014, HCEOs and other bailiffs in Newport have been required to operate in accordance with a set of rules.
The regulations include the requirements not to be met by the HCEO:
Without the court orders, entering a residential property in Gwent later than 9pm or prior to 6am
Entering a property in Newport if the occupant is a child younger than 16
Take key household goods such as washing machine, fridge or cooker
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