A landlord in Norwich can apply to transfer a possession order to the High Court Enforcement Office (HCEO) as an alternative to enforcing the process with a request from a county court to give a warrant possession notice.
The HCEO is also known by other names in Norwich, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
The High Court can enforce the possession order in Cringleford, Trowse Newton, or Keswick under the following conditions:
Hearing in the High Court in Norfolk is only possible if the circumstances are dire, for example, the High Court will deal with the case if the dispute is having any exceptional circumstances, otherwise, the possession order applied for by the Norwich landlord will be transferred to the County Court.
The landlord in Norwich makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
It's often the decision of the judge at the county court if the order in Cringleford, Keswick, or Trowse Newton will be allowed to get transferred to the High Court.
If the possession order is approved during the possession hearing at the county court, the Norwich landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.
If the Norwich landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
A land owner cannot apply for a transfer if the tenant in Norwich has a pending application, for instance, an appeal against the notice of possession.
Another scenario is recovering the debt if the overdue rent is over £600, the landlord applies for the writ of control to recover money in Keswick, Trowse Newton, or Cringleford.
Formerly and still popularly referred to as a writ of Fieri facias or writ of fi fa, a writ of control allows the tenant/debtors belongings to be seized or sold in Norwich.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only Norfolk County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
A Norwich landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
The enforcement process in Norwich is often quicker with the HCEO's than with a county court
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in Norfolk
Further damage to the Norwich property and anti-social behaviours are prevented
HCEO has the right to enforce the possession order as well as seizing the goods in Norwich if there is any pending rent
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Norwich than the bailiffs of Norfolk County Court so, a tenant can oppose the application to transfer the possession order to the High court.
The reasons include but not limited to:
No evidence from the landlord that there will be a significant delay using the county court bailiffs in Norwich
The costs incurred are out of balance
They need extra time to find a place before eviction in Trowse Newton, Cringleford, or Keswick
Significant pending dues or children are also among these factors that will be under the Norwich court's consideration regarding the tenant's specific condition.
In case the county court in Norfolk allows the owner to move the order to the high court, the owner may require obtaining consent from high court before serving the possession writ except during:
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 Norwich.
The landlord in Cringleford, Keswick, or Trowse Newton needs to give notice of this application to everyone in possession of the premises when he/she is looking to get the order transferred to the High Court.
The High Court, therefore, cannot give permission until every person in Norwich involved with the possession order has received the notice sufficiently.
There is no requirement to provide notice in any particular form in Norfolk.
So, enough notice depends on each individual case facts.
If it involves a sole tenant in Norwich who knew that the case had been moved to the high court, a reminder from the renter about the particulars of the order and a request to return possession is considered enough notice.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Norwich.
It is also possible that HCEOs in Norfolk take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
Enforcement of a possession order in Norwich 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 Keswick, Trowse Newton, or Cringleford.
The HCEO is not under obligation to provide advance notice to the Norwich 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.
Where a HCEO is planning to seize good and money as well as repossess the property in Norwich, they must prove the tenant /creditor with a 7 days' notice.
It is possible to obtain stay or invalidation of warrant of possession or control through the high courts in Norfolk.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
If the court grants the application, the tenant in Norwich must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
If there is any other application, for example, setting aside the initial possession order, it must be made to a county court in Norfolk.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Norwich backed by the High Court.
In England and Wales, names of the enforcement officers authorised to execute High Court writs are contained in the Directory of High Court Enforcement Officers.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Norwich.
Regulations govern the action of HCEOs and all other bailiffs in Norwich while seizing goods with the effect from 6 April 2014.
According to these regulations HCEO is not allowed to:
Entering the residential property in Norfolk before 6 am or after 9 pm, unless with the court's authority
Enter if a child under the age of 16 is the only person present in Norwich
Seize important household items including fridges, washing machine or cooker
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