One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Portsmouth can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
In Portsmouth, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
The High Court can enforce a notice of possession in Ryde, Pyle, or Cowes if:
Hearing in the High Court in Hampshire is only possible if the circumstances are dire, for example, the High Court will deal with the case if the dispute is having any exceptional circumstances, otherwise, the possession order applied for by the Portsmouth landlord will be transferred to the County Court.
A landlord in Portsmouth 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.
County court determines if the enforcement in Ryde, Pyle, or Cowes can be transferred to high court.
During the county court possession hearings, a landlord in Portsmouth can request that the possession order to be moved to the high court for enforcement.
After the court grants a possession order, the landlord in Portsmouth must apply to the county court for the transfer of the Court order to the High Court for enforcement.
An application for transfer cannot be made if there are any outstanding applications from the Portsmouth tenant, For instance, if the tenant has made an appeal against the possession order.
If the total costs including the unpaid rent along with court expenses are over £600, the owner of the property can appeal for warrant of control for recovering the owed money in Ryde, Pyle, or Cowes.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Portsmouth and this is commonly referred to as fi fa or Fieri facias writ.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in Hampshire can only be enforced by the County Court.
The reasons why a landlord in Portsmouth may request that the order be transferred for enforcement to the High Court include:
High Court Enforcement Officers can carry out the eviction in Portsmouth quicker than bailiffs of the county court
Loss of rental income because delays in enforcement through the county court bailiffs in Hampshire
Prevention of further damage to the Portsmouth property and/or anti-social behaviour
The HCEO has the power to implement the order of possession and seize belongings in Portsmouth if money is owned
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
Since the speed of eviction is faster but the cost of using a HCEO for eviction in Portsmouth is higher than the Hampshire county court bailiffs, a tenant may decide to object to a request to move compliance to the High Court.
The reasons for the tenant may be:
Insufficient evidence by the landlord in Portsmouth that the Count Court bailiffs will slow down the process
The costs involved are disproportionate
He/she needs the excess time to find somewhere else to stay in Pyle, Cowes, or Ryde before being evicted
The court in Portsmouth can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
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 Hampshire, apart from when:
Moreover, you don't need permission to issue a writ of possession if there is a breach of the possession order, including a violation of a suspended possession order by failing to pay money in Portsmouth as required.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Pyle, Ryde, or Cowes 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 High Court must not grant permission until each tenant in Portsmouth is given such notice as the Court considers sufficient.
The notice can be given in any form as there is no specific requirement for it in Hampshire.
The details of the case determined the duration of notice that is sufficient.
If it involves a sole tenant in Portsmouth who knew that the case had been moved to the high court, a reminder from the renter about the particulars of the order and a request to return possession is considered enough notice.
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 Portsmouth.
The several incidents of HCEOs in Hampshire trying to divert from the specified process by giving a direct application and taking charge of matter with the wrong usage of section 41 or N293A which is in opposition to tenants rather than trespassers.
On 21 March 2016, a practice note was issued by the Senior Master of the High Court in order to ensure that these malpractices stop.
The HCEOs can carry out enforcement of a possession order in Portsmouth faster than 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 Ryde, Pyle, or Cowes.
HCEO does not need any requirement to notify the tenants in Portsmouth in advance of their visit and the time they will execute the writ of possession, although it is common practice to drop off the writ and return a few days later.
In cases where a HCEO is claiming to seize money and goods due to costs and rent arrears and recovering possession of the premises in Portsmouth, they will have to provide the tenant a 7 days' notice.
The Hampshire high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
Form N244 should be used to send the stay or set aside applications to the High Court.
In case, if the stay or set aside is permitted then it is significant that HCEO should be informed by the Portsmouth tenant about this, as this is quite possible that HCEO has not been informed by the High Court.
However, another application such as to set aside the original permission order needs to be made to the County Court in Hampshire.
HCEOs in Portsmouth 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.
As a standard HCEOs subscribe to a code of practice.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Portsmouth until unless the court orders otherwise.
Since 6 April 2014, HCEOs and other bailiffs in Portsmouth have been required to operate in accordance with a set of rules.
The regulations include the requirements not to be met by the HCEO:
The HCEO mustn't enter a residential property in Hampshire before 6 am, or after 9 pm, without authorization from the court
Enter the Portsmouth property if the person present is the child aged under 16
Remove household goods deemed essential; cookers, fridges, washing machines
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