When it comes to obtaining and enforcing a possession order, landlords in Oldham have many options to choose from and ideally, applying for the same via the county court has been popular, yet, there is another viable option - the High Court Writ of Eviction.
HCEOs are also referred to in Oldham as enforcement agents, certified bailiffs or Sheriffs.
The imposition of possession order through high court is possible in Oldham, Ashton-Under-Lyne, or Taunton by two methods:
The possession hearing was in the High Court in Greater Manchester which is rare because if a landlord in Oldham applies in the high court for a possession warrant, it will be moved to the county court unless there are exceptional circumstances such as complex factual conflicts or important legal issues.
The possession order can be transferred to the High Court for enforcement when the Oldham landlord applies for it in the county court.
The county court judge has to decide whether to allow the transfer of enforcement in Oldham, Taunton, or Ashton-Under-Lyne to the High Court.
The landlord in Oldham can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
Upon securing a possession warrant, the owner in Oldham will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Oldham, for instance, if tenant has appealed against possession order.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Oldham, Ashton-Under-Lyne, or Taunton, and if courts cost in addition to rents owed is more than £600.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Oldham - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the Greater Manchester County Court can enforce agreements regulated by the CCA.
There are several reasons as to why the Oldham landlord may request for transfer of order for enforcement in the high court and they are:
The execution in Oldham through HCEOs is quick than the bailiffs of county courts
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in Greater Manchester
Further damage to the Oldham property and anti-social behaviours are prevented
If there are rent arrears, HCEOs are empowered to confiscate goods in Oldham as well as enforce the possession order
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
The opposition from the tenant's side can be seen against the transference application because in high court, the eviction process in Oldham can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in Greater Manchester.
The tenant's causes can be:
The landlord in Oldham hasn't provided proper evidence that a delay will result from using county court bailiffs
The expenses in total are not proportionately divided
Tennant needs some more time to find another place to live in Taunton, Oldham, or Ashton-Under-Lyne
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Oldham will take into account.
If the county court in Greater Manchester 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:
The landlord may not need permission for the issue of a writ of possession in case of the possession order breach, and it is also not required in case of a possession order that is suspended where the breach is in money non-payment in Oldham.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Taunton, Oldham, or Ashton-Under-Lyne will have to give notice of that application to every party in actual possession of the premises.
The permission from high court cannot be granted until every tenant in Oldham receives notification and court finds it satisfactory.
There are no laid down rules for providing the notice in Greater Manchester.
However, it should be according to the facts of the case.
In another scenario, if in case only a sole tenant in Oldham was being aware of the case transfer to the High Court, the reminder from the landlord including terms of the court order could be enough as a notice.
The writ of possession may be annulled even after it has been enforced in Oldham, in cases where the landlord fails to provide enough notice, or when information about appeals against the possession hearings or pending application is withheld from the court.
Some HCEOs in Greater Manchester had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
On 21 March 2016, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
Enforcement of a possession order in Oldham is normally faster through HCEO as compared to the county court bailiffs.
HCEOs require few days to enforce warrant of possession if the application notice of permission expires or after issuance of warrant of possession in Oldham, Ashton-Under-Lyne, or Taunton.
In most cases, they do not inform the tenants of their visit in Oldham and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the Oldham property, a seven-day notice must be given to the tenant/creditor.
Writ of possession or writ of control can be set aside by the High Court in Greater Manchester.
The applicants can use the Form N244 to submit an application in the High Court.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Oldham because the HCEO may not have received this notice from the High Court.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in Greater Manchester.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Oldham 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.
Every high court enforcement officer must stick to the code of practices.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Oldham.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Oldham, when confiscating commodities.
Requirements state that the HCEO must not:
Enter residential property in Greater Manchester before 6 am or after 9 pm unless the Court has authorised them
Enter a premise in Oldham if the only person inside is someone under the age of 16
Take the fridge, cooker, washing machine, or some other essential household items
Based in Oldham, 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.