A possession order can be forced by asking for a possession warrant from the county court and landlords in Nottingham can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in Nottingham.
The High Court can impose a possession order in Grantham, Newark-on-Trent, or Kimberley if:
The Nottinghamshire High Court can also enforce the possession order when the possession order's hearing was in the High Court as this process is unusual because the Nottingham landlord ought to have applied to the county court except in some cases when there may be important facts of law or complicated disputes of fact, only then can the application of a possession order in a High Court can be accepted.
A landlord in Nottingham needs to apply in a County Court for the transfer of possession order to the High Court, so the enforcement is implemented by an HCEO.
It is at the county court's discretion whether to require enforcement in Grantham, Newark-on-Trent, or Kimberley to be referred to the High Court.
The landlord in Nottingham can make a request whilst the county court process is in order to be transferred to the enforcement of the High Court.
After the court grants a possession order, the landlord in Nottingham must apply to the county court for the transfer of the Court order to the High Court for enforcement.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in Nottingham against a possession order.
If court costs and rent arrears amounting to more than £600, then, the landlord may file for a writ of control to recover the amount in Newark-on-Trent, Kimberley, or Grantham.
The control writ offers the power to grab and auction a debtor/renter's possessions in Nottingham and is usually to as either fiery facias or fi fa writ.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in Nottinghamshire is the one mandated with the enforcement of CCA regulated agreement.
These are some reasons a landlord in Nottingham could apply for a transfer to the High Court including:
The enforcement in Nottingham is normally faster via the HCEOs compared to county court bailiffs
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in Nottinghamshire
Prevention of additional property damage and/or antisocial behaviour in Nottingham
The HCEO can enforce a possession order as well as seize the goods in Nottingham when money is due
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Nottingham is higher than the Nottinghamshire county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
Some reasons the tenant may give include:
The Nottingham property owner has not provided proof that there will be some delays when county court bailiffs are used
Court costs are expensive
The tenant needs extra time to find somewhere else to live in Grantham, Newark-on-Trent, or Kimberley
The Nottingham 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 the county court in Nottinghamshire grants the application of the landlord to transfer order, the landlord will have to get high court permission before a writ of possession is served except in:
If there is a possession order violation like suspended possession order which may include non-payment of money in Nottingham, then the issuance of a writ of possession does not require permission.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Kimberley, Grantham, or Newark-on-Trent is required to notify everyone in the property of the application and the only exceptions are if there are actions against trespassers or in cases involving mortgage repossession.
The permission from high court cannot be granted until every tenant in Nottingham receives notification and court finds it satisfactory.
The notice can be given in any form as there is no specific requirement for it in Nottinghamshire.
The details of the case determined the duration of notice that is sufficient.
If it is a sole tenant in Nottingham who already knows that the case was in the high court, the Landlord can send them a reminder showing the terms of the court order and appeal that the tenant gives up possession of the rental property, is sufficient 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 Nottingham.
Some HCEOs in Nottinghamshire apply directly to the High Court to take over the matter in the struggle of circumventing the correct procedure. It can be carried out under section 41 of the County Court Act 1984.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
HCEOs usually enforce a possession order in Nottingham faster than county court bailiffs.
The execution can be done just a couple of days after the landlord's application for permission to the High Court expires or the possession writ is issued in Kimberley, Grantham, or Newark-on-Trent.
Even though it is a frequent practice for a HCEO to deliver the writ and return a day or two later, there is no need for them to let the tenants in Nottingham know in advance of their visit regarding when they will be carrying out the writ of possession.
The HCEO must give the tenant a seven days' notice if they are seeking to seize money or goods, and recover possession of the property in Nottingham.
Writ of possession or writ of control can be set aside by the High Court in Nottinghamshire.
Form N244 is used for these applications.
If the stay is issued or set aside, it is necessary that the respondent in Nottingham advises the HCEO of this aspect where appropriate, since the High Court may not have notified the HCEO.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the Nottinghamshire county court.
HCEOs in Nottingham are commercial agencies commissioned by the High Court and 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.
A code of practice is subscribed by HCEOs.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Nottingham, unless courts decides otherwise.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Nottingham when seizing tenant goods.
The HCEOs are restricted from:
Reach a residential property in Nottinghamshire by 6 a.m. or 9 p.m., as approved by the judge
Entering in the Nottingham property when only a kid of less than 16 years of age is present inside
To take or seize the basic household goods such as cooker, fridge or washing machine
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