For a Landlord in Northumberland to possess a letter of the warrant, he/she has to apply the transfer order to the High court through the High Court Enforcement Officer (HCEO), and HCEO applies the relocation of a possession order of enforcement from the county court to the High court on behalf of a Landlord.
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in Northumberland.
You can enforce possession order in Blyth, Cramlington, or Ashington through the High Court when:
The possession proceeding was held in the High Court in Northumberland, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Northumberland requests for a notice of possession in the High Court, it is usually transferred to the county court.
When the Northumberland property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
The decision to permit the transfer of enforcement in Blyth, Ashington, or Cramlington to the High Court is solely taken by the county court judge.
If the possession order is approved during the possession hearing at the county court, the Northumberland landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.
Once the landlord in Northumberland obtains the possession order, he/she will be required to apply to the County Court for the transfer of it to the High Court for enforcement.
The landlord can't make the application if there are outstanding issues such as if the tenant in Northumberland has appealed against the order.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Ashington, Blyth, or Cramlington.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Northumberland and this is commonly referred to as fi fa or Fieri facias writ.
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 Northumberland.
There can be a number of reasons for which landlords in Northumberland can request the transference in high court for execution including the following:
The enforcement process in Northumberland is often quicker with the HCEO's than with a county court
Northumberland 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 Northumberland
HCEOs have authority of execution of the possession order and also of seizing the goods in Northumberland in case of money owned
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
A tenant may object the transfer of application of enforcement in Northumberland to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in Northumberland.
The explanations for the lease might include:
The landlord in Northumberland has not given any proof of delays in case of usage of bailiffs from county courts
The total costs involved are not proportionate
Tennant needs some more time to find another place to live in Cramlington, Blyth, or Ashington
The Northumberland court's decision about the order transference is affected by a number of factors, for instance, in case there are children with tenants or presence of notable rental arrears.
If County Court in Northumberland 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:
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 Northumberland 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 Blyth, Cramlington, or Ashington must notify every person in real possession of the property of the application.
The High Court will not award approval except each tenant in Northumberland has such notice as the Court feels is enough.
There are no laid down rules for providing the notice in Northumberland.
The facts of the case will determine whether the notice is enough.
If the property has one sole tenant in Northumberland 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.
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 Northumberland.
There are cases where various HCEOs in Northumberland 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.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
It is a known fact that the process is speedier in Northumberland with the HCEOs of the High court than the bailiffs of County court.
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 Ashington, Cramlington, or Blyth.
The HCEO is not expected to notify the tenants earlier of their visit in Northumberland about when they will be administering the writ of possession, although is normal for them to drop off the writ and return after 1 or two days.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Northumberland, they must give the tenant or creditor a seven days' notice.
It is possible to obtain stay or invalidation of warrant of possession or control through the high courts in Northumberland.
Form N244 should be used to send the stay or set aside applications 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 Northumberland because the HCEO may not have received this notice from the High Court.
However, another application such as to set aside the original permission order needs to be made to the County Court in Northumberland.
HCEOs in Northumberland are High Court-approved private companies and not court workers.
You can research for the list of the Directory of High Court Enforcement Officers, for the enforcement officers in England and Wales who have the approval to implement High Court writs.
HCEOs commit to a code of practice.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Northumberland until unless the court orders otherwise.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in Northumberland.
The rules include the requirements that the HCEO must not:
Go inside the Northumberland residential premises earlier than 6 am or past 9 pm unless the court orders that
Entering the property in Northumberland while only a child under 16 years of age is present
Taking essential household goods example washing machine, cooker or fridge
Based in Northumberland, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.