Having the county court issue a warrant of possession is an alternative to enforcing a possession order and the landlord in Norfolk needs to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
The HCEOs in Norfolk are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
The possession order from the High Court can occur in King's Lynn, Great Yarmouth, or Norwich through these means:
The possession proceeding was held in the High Court in Norfolk, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Norfolk requests for a notice of possession in the High Court, it is usually transferred to the county court.
The landlord in Norfolk requests the county court to transfer the possession order to the High Court for execution by an HCEO.
It is the county court judge that will determine if to transfer the enforcement in Norwich, Great Yarmouth, or King's Lynn to the High Court or not.
The Norfolk property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
Once the order of possession is obtained by the Norfolk landlord, he can appeal before county court and request movement of order for purposes of implementation in high court.
The application for transfer cannot be made if the Norfolk tenant had made the appeal against the application of a landlord and they have strong points.
If there are rent arrears and the arrears are in excess of £ 600 together with any court costs, the landlord may also apply for a writ of control to recover the money owed in Norwich, Great Yarmouth, or King's Lynn.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Norfolk, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
The possession order cannot be regulated to the High Court if the overdue rent is regulated by the Consumer Credit Act 1974 (CCA) because CCA regulated contracts can only be implemented by the Norfolk County Court.
The Norfolk landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
The enforcement process is quicker in Norfolk through the HCEO than the county court bailiffs
Delays in implementation by the Norfolk county court bailiffs could cause the landlord to lose rental income
Prevention of additional property damage and/or antisocial behaviour in Norfolk
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Norfolk if the money is owed
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
As the eviction speed increases in Norfolk and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Norfolk, a tenant may want to object an application for transfer to the High Court of the enforcement.
These reasons include:
The landlord in Norfolk did not prove that there will be colossal delay by using the county court bailiffs
The payment involved in the process varies
He/she needs the excess time to find somewhere else to stay in King's Lynn, Great Yarmouth, or Norwich before being evicted
The decision of the Norfolk court to oppose the transfer of order will be influenced by several factors that affect the tenant such as if the tenant has children or has significant rent arrears.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the Norfolk county court, however, they won't need the permission in:
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 Norfolk as required.
When a landlord in Great Yarmouth, King's Lynn, or Norwich seeks permission from the High Court in order to enforce the possession order then every tenant (everyone in actual possession) must be served with the notice of application.
The High Court will not award approval except each tenant in Norfolk has such notice as the Court feels is enough.
There are no specific instructions about what constitutes acceptable notice in Norfolk.
The time period of the notice will be determined on the cases facts.
If there is only one tenant in Norfolk 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.
If a landlord fails to give sufficient notice or failure in providing important facts to the court about the pending appeals or application against the proceedings can lead it to the delay in the possession writ, even after the implementation in Norfolk.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Norfolk by applying to High Court directly to take over the issue under section 41 of the County Court Act 1984 as well as by using form N293A in improper way.
The Senior Master of the High Court (Queens Bench Division) gave out a practice not on the 21st March 2016 to stop the carelessness.
Generally, possession order enforcement in Norfolk is quicker via HCEO as opposed to county court bailiffs.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in King's Lynn, Great Yarmouth, or Norwich.
HCEO does not need any requirement to notify the tenants in Norfolk 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 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 Norfolk property as well as the seizure of goods and money such as pending rents or any other costs.
The High Court in Norfolk has the mandate to set aside or delay a possession writ, or control writ.
The N244 form should be used to make applications to the High Court.
So, it is the responsibility of the tenant in Norfolk to inform HCEO if the stay is set aside or issued as the High court may not inform them.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Norfolk.
HCEOs in Norfolk are commercial firms authorised by the High Court, not employees of the court.
In Wales and England, the directory of HCEO's has names of all enforcement officers who are authorized to enforce high court writs.
HCEOs commit to a code of practice.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Norfolk unless the court says so.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Norfolk.
Under these regulations, the HCEO is restricted from:
Enter residential property in Norfolk after 9 pm or before 6 am unless stated by the court
Entering a property in Norfolk if the occupant is a child younger than 16
Seizing essential domestic equipment such as washing machine, fridge, or cooker
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