Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in Oxford can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
HCEOs in Oxford are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
The High Court can enforce the possession order in Abingdon-on-Thames, Oxford, or Banbury under the following conditions:
The possession hearing was in the High Court in Oxfordshire which is rare because if a landlord in Oxford 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 landlord in Oxford shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
It is the choice of the County Court judge to permit the transference of enforcement in Banbury, Abingdon-on-Thames, or Oxford to the High Court.
During the county court possession proceedings, the landlord in Oxford may request that the possession order, if made, be transferred for enforcement to the High Court.
After a possession order has been served, the Oxford property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
Application for transfer can't be made in case there is any outstanding application from a tenant in Oxford, for example, an appeal against the order of possession.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Oxford, Abingdon-on-Thames, or Banbury, and if courts cost in addition to rents owed is more than £600.
With a writ of control, the tenant's goods can be seized and sold in Oxford, this is otherwise known as the writ of fi fa or writ of fiery facias.
If the debt is controlled by the (CCA) 1974 Consumer Credit Act, it cannot be transferred for enforcement to the High Court, as CCA regulated agreement can be enforced in the county court in Oxfordshire.
There are various grounds for a land owner in Oxford to apply for the order transfer for implementation in high court, such as:
HCEOs enforcements in Oxford are faster than enforcement by bailiffs of the county court
Delays in implementation by the Oxfordshire county court bailiffs could cause the landlord to lose rental income
Stopping any property damage or behaviour that is anti-social in Oxford
HCEO has the right to enforce the possession order as well as seizing the goods in Oxford if there is any pending rent
8% interest rate, for arrears on the judgment debt will accrue from the time of the order transfer.
The tenant can oppose an application to transfer enforcement in Oxford to the High Court because the costs of using a HCEO are greater than the Oxfordshire county court bailiffs and the speed of eviction is fast in this case.
Tenants may have the following reasons to object:
The landlord is yet to prove that there may delays if the case is handled by a county court's bailiffs in Oxford
She or he wishes for additional time to find another area to settle down in Banbury, Oxford, or Abingdon-on-Thames prior to moving out
Finally, the tenant's condition; if unpaid rent is substantial, and a tenant has children, will form relevant factors for the decision by the county court Judge in Oxford.
It is a must for the landlord to get permission from the high court if he/she wants to transfer the application granted by the County court in Oxfordshire, apart from when:
Permission is also not needed for the issue of a writ of possession, including a suspended possession order or lack of payment following the breach of a possession order in Oxford.
When permission is sought in the High Court to enforce a possession order (i.e. except in actions against trespassers and cases of mortgage repossession), the property owner in Abingdon-on-Thames, Banbury, or Oxford is to give notice of the application to 'every person in actual possession' of the property.
Unless every occupant in Oxford is given the notice that the Court decides is enough, the High Court must not grant permission.
There is no particular method for sending the notice to those in Oxfordshire.
Details of the suit will decide if the order is sufficient.
When dealing with just one tenant in Oxford who is aware of the transfer to the High Court, the landlord may just send a reminder, reminding the tenant of the court order and he should also remind the tenant to give up the possession.
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 Oxford.
Some HCEOs in Oxfordshire tried to go around the procedure that is correct by submitting an application to the High Court directly to be in charge of the matter under section 41 of the County Court Act 1984, or by using Form N293A inappropriately (i.e. against tenants instead of trespassers).
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
Compared to using county bailiffs, enforcing a possession order in Oxford by HCEOs is faster.
An execution of a writ of possession by a High Court Enforcement Officers may occur just few days once the landlord's application to the High Court is expired or of the issue of the writ of possession in Abingdon-on-Thames, Banbury, or Oxford.
There is no provision for a HCEO to inform tenants in Oxford in advance of their visit when they will execute the possession document, although it is common practice for them to drop the letter and return one or two days later.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Oxford, it is imperative that a 7-day notice is given to the tenants in question.
The Oxfordshire high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
All applications to the High Court must be made on form N244.
The tenant in Oxford must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
If there is any other application, for example, setting aside the initial possession order, it must be made to a county court in Oxfordshire.
HCEOs in Oxford are commercial firms authorised by the High Court, not employees of the court.
The enforcement officers, who are authorized to execute High Court writs in England and Wales, are listed on 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 Oxford.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Oxford.
According to these regulations HCEO is not allowed to:
Enter residential property in Oxfordshire before 6 am or after 9 pm unless the Court has authorised them
Entering a property in Oxford if the occupant is a child younger than 16
Taking essential household goods example washing machine, cooker or fridge
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