For a Landlord in Preston 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 are often referred to as enforcement officers, licensed bailiffs or sheriffs in Preston.
A possession order can be applied in Fulwood, Leyland, or Bamber Bridge through the High Court when:
If the possession hearing was conducted within high court in Lancashire as this however, is very rare as the possession order application by the landlord in Preston moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.
The property owner in Preston applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
The County Court judge can decide to allow the transfer of enforcement in Fulwood, Bamber Bridge, or Leyland or not, that's at the judge's discretion.
During the county court possession hearings, a landlord in Preston can request that the possession order to be moved to the high court for enforcement.
After the possession order is acquired the landlord in Preston will need to apply to the county court and request that the order to be moved to the high court for implementation.
An application for transfer cannot be made if there are any outstanding applications from the Preston tenant, For instance, if the tenant has made an appeal against the possession order.
If the court costs and other arrears make up over £600, it is at the discretion of the landlord to apply for a writ of control in order to recover the outstanding money in Fulwood, Bamber Bridge, or Leyland.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Preston and this is commonly referred to as fi fa or Fieri facias writ.
However, the debt cannot be transferred to the High Court if the debt or rent arrears are regulated by the Consumer Act 1974 (CCA), that is because agreements regulated by the CCA can only be enforced in the Lancashire county court.
There can be a number of reasons for which landlords in Preston can request the transference in high court for execution including the following:
The enforcement in Preston is normally faster via the HCEOs compared to county court bailiffs
Loss in rental income by the Lancashire county court bailiffs due to delays in compliance
To prevent any further dismantlement to the premises in Preston or behaviour that is antisocial
The HCEO is authorised to execute the possession order and seize possessions in Preston in case cash is owed
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
A tenant may object the transfer of application of enforcement in Preston to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in Lancashire.
The reasons for opposing the application may differ as:
The landlord in Preston did not prove that there will be colossal delay by using the county court bailiffs
The involved cost are unbalanced
Tennant needs some more time to find another place to live in Leyland, Bamber Bridge, or Fulwood
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in Preston.
If the landlord's request to transfer the possession order to the High Court is granted by the Lancashire county court, the landlord would then have to obtain the permission of the High Court ahead of the issuance of the writ of eviction, except in:
Also, if there has been a violation of a possession order, permission may not be obtained before a writ of possession is issued, as well as in a suspended possession order where the violation includes failing to pay debts in Preston.
When permission is sought from the High Court, it is liable for the landlord in Leyland, Bamber Bridge, or Fulwood to give notice of the application every person involved in actual possession of the property - except in the debt recovery or cases against the intruders.
The High Court must not grant permission until each tenant in Preston is given such notice as the Court considers sufficient.
There can be many forms of giving a notice as no particular requirement is mentioned in Lancashire.
The facts of the case will depend on what is enough notice.
If there is just one tenant in the Preston property, who is already aware of the case being transferred, then a simple reminder by the landlord of the guidelines from the court order and a demand that the property is to be given up is more than enough.
The writ of possession may be annulled even after it has been enforced in Preston, 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.
Many HCEOs in Lancashire have tried to circumvent the correct procedure by explicitly appealing to the High Court to take over the matter according to section 41 of the County Court Act 1984, or improperly utilizing Form N293A (i.e. rather than trespassers, against tenants).
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in Preston rather than county court bailiffs.
An HCEO has the ability to implement a possession writ within some few days following expiry of the order application by the asset owner for consent or possession writ issuance in Leyland, Bamber Bridge, or Fulwood.
A HCEO does not have to give tenants any notice in advance before their visit in Preston to execute the writ of possession because there is no requirement for that, however, some HCEOs usually send the writ one or two days before visiting the premises.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Preston, they must give the tenant or creditor a seven days' notice.
It is possible to obtain stay or invalidation of warrant of possession or control through the high courts in Lancashire.
Form N244 should be used to make an application to the High Court.
If granted is the set aside or stay, it is important where possible, the tenant in Preston informs the HCEO, from the HCEO the High Court may not have kept the truth.
Application of other sorts, for instance for the invalidation of the first order of possession, should be referred to county courts in Lancashire.
HCEOs in Preston are not employed by the courts they are licensed commercial agencies.
In England and Wales, the names of authorized HCEOs are available from the HCEO's directory.
All enforcement officers of the high court need to adhere to the practice code.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Preston unless the court says so.
Regulations govern the activities of HCEOs and all other bailiffs in Preston with effect from 6 April 2014.
Requirements state that the HCEO must not:
Entering the residential property in Lancashire before 6 am or after 9 pm, unless with the court's authority
Go inside the Preston house if the only person there is a child of 16 years of age and below
Taking essential household goods example washing machine, cooker or fridge
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