One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Rayleigh can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Rayleigh.
Often, a possession order is enforced in Wickford, Benfleet, or Canvey Island in a high court under two conditions:
During Essex high court possession hearing as the practice is uncommon considering that in case a leaseholder in Rayleigh applies for an ownership order in the court, it may be send to the regional court unless certain conditions such as complex disagreements are involved.
The property owner in Rayleigh applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
The decision to permit the transfer of enforcement in Benfleet, Canvey Island, or Wickford to the High Court is solely taken by the county court judge.
The Rayleigh landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
After a possession order has been served, the Rayleigh property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
Where there are any outstanding tenant requests in Rayleigh, for example, a possession order appeal, the transfer request cannot be made.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Wickford, Benfleet, or Canvey Island.
A writ of control provides for the sale and seizure of the tenant's goods in Rayleigh - this was formerly known as a writ of fi fa or writ of Fieri facias.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the Essex County Court can enforce agreements regulated by the CCA.
The Rayleigh landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
Enforcement in Rayleigh is normally faster through HCEOs than the bailiffs of the county court
Delays in enforcement through County Court sheriffs in Essex can cause a loss of rental income too
Prevention of further damage to the property in Rayleigh or antisocial behaviour
The HCEO is authorised to execute the possession order and seize possessions in Rayleigh in case cash is owed
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Rayleigh than the bailiffs of Essex County Court so, a tenant can oppose the application to transfer the possession order to the High court.
These reasons include:
The landlord did not provide proof that the use of county court bailiffs in Rayleigh would be substantially affected
The total expenses incurred aren't balanced
To locate somewhere else to stay in Benfleet, Wickford, or Canvey Island until relocation, he / she need extra time
Exceptional circumstances like when a tenant has children or owes a substantial amount of debt are usually important factors which would be considered by the court in Rayleigh.
In case the landlord's application to transfer is accepted, by the Essex county court, then the landlord needs to get high Court's consent before the assurance of the writ of possession unless if:
Similarly, you can continue with a breach of possession order without having to worry about the writ of possession and this also applies to the suspended possession order in Rayleigh.
When the landlord in Benfleet, Wickford, or Canvey Island ask for leave to enforce a possession order in the High Court (except in actions against trespassers and cases of mortgage repossession), the landlord must give notice of this application to 'all persons in actual possession' of the property.
The High Court, therefore, cannot give permission until every person in Rayleigh involved with the possession order has received the notice sufficiently.
The notice can be given in any form as there is no specific requirement for it in Essex.
Enough notice will be decided upon the cases facts.
If it involves a sole tenant in Rayleigh 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.
If satisfactory notice is not provided by the landlord or he provides the court with insufficient information about the pending appeals or applications against hearings of possession, then the warrant of possession will get invalid even after execution in Rayleigh.
Some HCEOs in Essex may not follow the correct procedure and they apply straight to the high court to take over a suit or use Form N293A to circumvent the proper process and can apply directly to the High Court to take over a matter and were misusing Form N293A.
On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.
HCEOs usually enforce a possession order in Rayleigh faster than county court bailiffs.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in Canvey Island, Wickford, or Benfleet.
A HCEO does not have to give tenants any notice in advance before their visit in Rayleigh 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.
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 Rayleigh.
The High Court in Essex has the right to keep or set aside a letter of possession or control.
You will need to complete form N244 during your application to high court.
If the court grants the application, the tenant in Rayleigh must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in Essex.
The High Court authorizes the HCEOs as commercial agencies in Rayleigh, thus, they are not on the court's payroll.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
All enforcement officers in high court should adhere to the code of service.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Rayleigh unless the court says so.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Rayleigh when seizing tenant goods.
They must not:
Enter the Essex property before 6am or after 9pm unless when ordered by the court
Entering the property in Rayleigh while only a child under 16 years of age is present
Take vital household goods like a cooker, fridge or washing machine
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