For a Landlord in Paignton to possess a letter of the warrant, he/she has to apply the transfer order to the High court through the High Court Enforcement Officer (HCEO), and HCEO applies the relocation of a possession order of enforcement from the county court to the High court on behalf of a Landlord.
HCEOs in Paignton are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
A possession order can only be enforced in Marldon, Brixham, or Torquay through the High Court when:
The hearing of possession occurred within the High Court in Devon, this is bizarre, because if a landlord in Paignton does apply for a possession notice in the High Court, it would usually get transferred to the county court, and it would only stay there if there are unusual situations involved within the order.
The landlord in Paignton makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
It is at the discretion of the county court judge to approve the transfer of enforcement in Brixham, Torquay, or Marldon to the High Court or not.
A request of transferring the possession order to the High Court can be made to County Court during the procession order proceedings by the Paignton landlord.
After the court grants a possession order, the landlord in Paignton must apply to the county court for the transfer of the Court order to the High Court for enforcement.
The transfer application is not possible to make when an outstanding application is also present by the tenant in Paignton, for instance, if tenant has appealed against possession order.
If there exists any unsettled rent and the total amount of arrears alongside court expenses are more than £600, the land owner may decide to apply for the control writ to get back the unpaid cash in Marldon, Torquay, or Brixham.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Paignton - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
If the debt is processed by the Consumer Credit Act 1974 (CCA), then it will not be permitted to get transferred to the High Court as CCA agreements that are regulated can only be enforced in the Devon county court.
The Paignton landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
The enforcements in Paignton get quicker through HCEOs as compared with the bailiffs of County Court
Loss of rental income because delays in enforcement through the county court bailiffs in Devon
Stopping any property damage or behaviour that is anti-social in Paignton
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Paignton too
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
The renter may decide to challenge the request to transfer enforcement in Paignton to high court considering that eviction is quicker and hiring an HCEO is costly compared to the Devon county court bailiff.
The reasons for opposing the application may differ as:
The landlord in Paignton has not given any proof of delays in case of usage of bailiffs from county courts
The costs involved are disproportionate
S/he needs the extra time to find somewhere else to live in Marldon, Brixham, or Torquay before an eviction is endorsed
The court in Paignton can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
After the Devon county court approves a landlord's transfer application, the landlord is required to request for permission from the High Court for the issue of a writ of possession can be obtained, except in cases such as:
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 Paignton.
When planning to request for permission for a possession order to be transferred to the High Court for enforcement (excluding cases such as mortgage repossession cases and cases against trespassers, the landlord in Torquay, Brixham, or Marldon is required to provide the current inhabitants of the property with a notice of application.
Permission must not be granted by the High Court except each tenant in Paignton is provided with the notice in the timeframe that is deemed sufficient by the Court.
There is no requirement to provide notice in any particular form in Devon.
So, enough notice depends on each individual case facts.
In the case of a sole tenant in Paignton who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession could be sufficient notification.
In case the renter fails to give sufficient notice or fails to provide the entire information to court concerning petitions against possession proceedings or pending claims, the order of possession may be put aside although having been implemented in Paignton.
There are cases where various HCEOs in Devon trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
In March 2016, the High Court Senior Master issued a practice note to ensure that these misconducts stop.
HCEOs usually enforce a possession order in Paignton 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 Brixham, Torquay, or Marldon.
In most cases, they do not inform the tenants of their visit in Paignton and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
HCEO must give notice of seven days when seeking possession of the property in Paignton and to seize the goods or cost to recover the overdue rent.
The Devon High Court can uphold or set aside a writ of possession, or writ of control.
Form N244 is used for these applications.
If the High Court later set aside the application for writ of possession, the Paignton tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
However, another application such as to set aside the original permission order needs to be made to the County Court in Devon.
High Court enforcement officers (HCEOs) in Paignton are commercial agencies which are not employees of High court however they are authorized by the high court.
In England and Wales, the names of authorized HCEOs are available from the HCEO's directory.
A code of practice is subscribed by HCEOs.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Paignton unless the court orders otherwise.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in Paignton came out.
The regulations stipulate that:
Without the court orders, entering a residential property in Devon later than 9pm or prior to 6am
Enter the premises in Paignton if the only person inside is a kid aged below 16 years
Take key household goods such as washing machine, fridge or cooker
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