The landlord in Oxfordshire can get enforcement by high court enforcement officer by simply applying to the county court to transfer its possession order from county court to High Court which is also an alternative to possession order implementation by the issuance of the warrant of possession from the County Court.
HCEO's are commonly referred to as agents of enforcement, or Sheriffs in Oxfordshire.
The High Court can enforce the possession order in Bicester, Oxford, or Banbury on different conditions, such as:
The Oxfordshire 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 Oxfordshire 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.
If the Oxfordshire landlord applies for the transfer of the possession order from the County Court to the High Court to enable the HCEO to enforce the order.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Banbury, Oxford, or Bicester to the High Court.
During the county court possession hearings, a landlord in Oxfordshire can request that the possession order to be moved to the high court for enforcement.
The landlord in Oxfordshire must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
An application for transfer cannot be made if there are any outstanding applications from the Oxfordshire tenant, For instance, if the tenant has made an appeal against the possession order.
If there are rent arrears and the arrears are in excess of £ 600 together with any court costs, the landlord may also apply for a writ of control to recover the money owed in Oxford, Banbury, or Bicester.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Oxfordshire - this was initially known as, and still referred to as, a writ of Fieri facias or writ of fi fa.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only Oxfordshire County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
Landlords in Oxfordshire may request that the order be transferred to the High Court due to reasons which include:
Enforcement in Oxfordshire is normally faster through HCEOs as compared to county court bailiffs
Further loss of rental incomes because of the delayed enforcements via the county court bailiffs in Oxfordshire
Avoid further property damage in Oxfordshire and any antisocial behaviour of the tenants
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Oxfordshire if the money is owed
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
The opposition from the tenant's side can be seen against the transference application because in high court, the eviction process in Oxfordshire can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in Oxfordshire.
The tenant's reasons could include that:
The landlord in Oxfordshire hasn't provided proper evidence that a delay will result from using county court bailiffs
The costs involved are not proportionate
The tenant needs enough time to find alternative accommodation in Bicester, Oxford, or Banbury
Significant pending dues or children are also among these factors that will be under the Oxfordshire court's consideration regarding the tenant's specific condition.
If the Oxfordshire county court awards the application from the property owner to transfer the possession order to the High Court, the landlord must apply for the consent of the High Court before the court issues the writ of possession, except for:
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 Oxfordshire.
Once the landlord in Oxford, Bicester, or Banbury contains a permission for enforcement of possession order from high court, he is bound to deliver notices of application to each party who is residing or using the premises.
The High Court won't grant the permission without proof that every tenant in Oxfordshire is notified of the notice.
There can be many forms of giving a notice as no particular requirement is mentioned in Oxfordshire.
The facts of the case will help with determining the sufficient notice.
In the case of a sole occupant in Oxfordshire that has had case in the High Court had acknowledged the notice, reminding them of the court order's terms and a request for possession is counted as enough notice.
If a landlord fails to give sufficient notice or failure in providing important facts to the court about the pending appeals or application against the proceedings can lead it to the delay in the possession writ, even after the implementation in Oxfordshire.
Some HCEOs in Oxfordshire apply to the High Court directly to take over the case through Form N293A or Section 41, the County Court Act 1984, and they thus bypass the normal procedure.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
Generally, possession order enforcement in Oxfordshire is quicker via HCEO as opposed to county court bailiffs.
A HCEO can execute a writ of possession in just a few days after the landlord's notice of application for permission has expired or of the issue of writ of possession in Banbury, Oxford, or Bicester.
The HCEO is not expected to notify the tenants earlier of their visit in Oxfordshire 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.
The HCEO must give a tenant or creditor a seven day's prior notice when seeking to seize money or goods such as hearing costs and rent arrears and when seeking to repossess a property in Oxfordshire.
The Oxfordshire High Court can uphold or set aside a writ of possession, or writ of control.
Form N244 should be used to send the stay or set aside applications to the High Court.
If granted is the set aside or stay, it is important where possible, the tenant in Oxfordshire informs the HCEO, from the HCEO the High Court may not have kept the truth.
The applicants must make any other application to the Oxfordshire county court, for instance, to set aside the original possession order.
HCEOs in Oxfordshire are commercially paid agencies given authority by the High Court and are not actual employees of the 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.
HCEOs are required to follow practice code.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Oxfordshire, unless it is ordered by the court.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Oxfordshire when seizing tenant goods.
Requirements state that the HCEO must not:
Enter a residential property in Oxfordshire before 6:00 a.m. and after 9:00 p.m. without the court authorization
Go inside the building in Oxfordshire in case the person within is a child below the age of 16 years
Take household goods such as fridge, cooker, washing machine, and many more
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