The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in Northamptonshire has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
In Northamptonshire, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
On order of possession can be imposed in Kettering, Northampton, or Corby via the high court into two ways:
The possession proceeding was held in the High Court in Northamptonshire, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Northamptonshire requests for a notice of possession in the High Court, it is usually transferred to the county court.
The possession order can be transferred to the High Court for enforcement when the Northamptonshire landlord applies for it in the county court.
It is at the county court's discretion whether to require enforcement in Northampton, Kettering, or Corby to be referred to the High Court.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Northamptonshire to move the order of possession for enforcement in high court.
The Northamptonshire landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in Northamptonshire against a possession order.
If there is unpaid rent, and the arrears plus any court order costs a total of over £600, the property owner may also apply for writ of control to recover the unsettled bills in Corby, Kettering, or Northampton.
The writ of control is empowering the landlord to seize and sale the tenant's goods to recover his money in Northamptonshire, and it is called the 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 Northamptonshire county court.
A Northamptonshire landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
High Court Enforcement Officers can carry out the eviction in Northamptonshire quicker than bailiffs of the county court
Northamptonshire County court bailiffs may indirectly cause a reduction in rental income since their enforcement takes a longer time
It avoids additional anti-social activities or property destructions in Northamptonshire
The High court officer can seize goods in Northamptonshire while enforcing the possession to recover money owed
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
Since the level of eviction is quicker in Northamptonshire but the expense of using a HCEO is greater than the county court bailiffs in Northamptonshire, a plaintiff may want to respond to a proposal to shift compliance to the High Court.
The tenant's reasons could include that:
The Northamptonshire property owner has not provided proof that there will be some delays when county court bailiffs are used
They need extra time to find a place before eviction in Northampton, Corby, or Kettering
Significant pending dues or children are also among these factors that will be under the Northamptonshire court's consideration regarding the tenant's specific condition.
If County Court in Northamptonshire 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:
You will also not require permission for the writ of possession to be issued for a breach, including a breach of possession order that is suspended or when the possession order breach is bills that are unpaid in Northamptonshire.
Once the landlord in Northampton, Corby, or Kettering contains a permission for enforcement of possession order from high court, he is bound to deliver notices of application to each party who is residing or using the premises.
The High Court will not award approval except each tenant in Northamptonshire has such notice as the Court feels is enough.
The order may be served in any format considering that there aren't specific requirements in Northamptonshire.
The time period of the notice will be determined on the cases facts.
If the property has one sole tenant in Northamptonshire who is aware of the case being in the High Court, a possession request and reminder of the court order's terms are enough notice.
In case the renter fails to give sufficient notice or fails to provide the entire information to court concerning petitions against possession proceedings or pending claims, the order of possession may be put aside although having been implemented in Northamptonshire.
It is also possible that HCEOs in Northamptonshire take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
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.
Enforcement of a possession order in Northamptonshire is normally faster through HCEO as compared to the county court bailiffs.
A writ of possession can be executed by an HCEO a couple of days after the landlord's possession notice or issue of a possession of writ has expired or the possession writ is issued in Corby, Northampton, or Kettering.
The HCEO is not under obligation to provide advance notice to the Northamptonshire tenants about when the writ of possession will be executed, however, they usually drop the writ with the tenant and revisit the tenant a day or two later.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Northamptonshire, they must give the tenant or creditor a seven days' notice.
The High Court in Northamptonshire can set aside or stay a writ of control or a writ of possession application.
Form N244 should be used when applying to the high Court.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Northamptonshire because the HCEO may not have received this notice from the High Court.
Other applications aside from this, such as setting aside the original possession order must be directed to the Northamptonshire County Court.
HCEOs in Northamptonshire are commercially paid agencies given authority by the High Court and are not actual employees of the court.
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.
As a standard HCEOs subscribe to a code of practice.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Northamptonshire, unless in the situation where the court orders so.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Northamptonshire.
According to these regulations the HCEO must not:
Enter the Northamptonshire property before 6am or after 9pm unless when ordered by the court
Enter if the only person present in the house in Northamptonshire is a child under the age of 16
To take or seize the basic household goods such as cooker, fridge or washing machine
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