The landlord in Reading can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in Reading.
The high court has the authority to impose the order of possession in Reading, Thatcham, or Woodley if:
If the High Court in Berkshire has the possession hearing as this is quite unusual, though the normal thing is that when a Reading landlord approaches the High Court to apply for a possession order, the order will be transferred to the County Court, and the exceptions are disputes of points of law or of fact.
The property owner in Reading applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
It's often the decision of the judge at the county court if the order in Thatcham, Woodley, or Reading will be allowed to get transferred to the High Court.
A landlord in Reading can apply for transfer during the proceedings of a possession order in County Court as he can request for transfer of it to the High court for enforcement.
After the court grants a possession order, the landlord in Reading must apply to the county court for the transfer of the Court order to the High Court for enforcement.
A request for transfer may not be possible if there exists an outstanding request from a tenant in Reading; e.g., petition against the 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 Woodley, Reading, or Thatcham.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Reading - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
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 Berkshire can only be enforced by the County Court.
A Reading landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
The enforcement in Reading is normally faster via the HCEOs compared to county court bailiffs
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in Berkshire
Avoiding any further damage to the assets or antisocial behaviour in Reading
The HCEO can enforce a possession order as well as seize the goods in Reading when money is due
The interest on judgement debt for arrears, which is currently at the rate of 8%, will accumulate right from the transfer of the order.
Because the speed of eviction in Reading is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Berkshire county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The reasons why a tenant can do so are:
Landlord's failure to provide evidence that there will be problems while using the county court bailiffs in Reading
The costs are higher than expected
She or he wishes for additional time to find another area to settle down in Woodley, Reading, or Thatcham prior to moving out
The tenant needs to highlight the relevant factors the court in Reading can take into consideration such as having significant arrears or having kids.
If the landlord's request to transfer the possession order to the High Court is granted by the Berkshire 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 Reading.
When permission is obtained in the High Court to impose a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Woodley, Thatcham, or Reading must inform' any person in real possession' of the property of the demand.
The High Court must not grant permission until each tenant in Reading 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 Berkshire.
The details of the case determined the duration of notice that is sufficient.
If there is only one tenant in Reading in the property who is already aware that the case has been transferred to the High Court, in this case, a reminder of the terms of the court order from the landlord and a request that possession is given up can be considered sufficient 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 Reading.
A couple of HCEOs in Berkshire have tried to avoid the legal process by going straight to the High Court to transfer the order under the section 41 of the 1984 County Court Act, or by inappropriately using the N293A form.
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 High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in Reading rather than county court bailiffs.
A writ of possession can be executed by an HCEO a couple of days after the landlord's possession notice or issue of a possession of writ has expired or the possession writ is issued in Thatcham, Reading, or Woodley.
The HCEO doesn't need to inform the tenants in Reading about when they are going to execute the writ of possession, and the HCEOs usually drop off the writ return a day or two 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 Reading, they will have to provide the tenant a 7 days' notice.
The High Court in Berkshire has the right to keep or set aside a letter of possession or control.
Applications should be made on form N244.
If the High Court later set aside the application for writ of possession, the Reading tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
Any other application, such as setting aside the original possession order, must be placed to the county court in Berkshire.
HCEOs in Reading are High Court-approved private companies and not court workers.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
HCEOs are required to follow practice code.
The HCEOs are forbidden to carry out the writ of possession on a Sunday, Christmas Day or Good Friday in Reading unless they are recommended by the court to do so.
The regulations for governing HCEOs and bailiff's actions while seizing belongings in Reading are applicable from April 6, 2014.
Under these regulations, the HCEO is restricted from:
Go inside the residential property in Berkshire before 6 am or after 9 pm, except the court approved it
Enter the Reading property if there is only a child present who is aged under 16
Remove household goods deemed essential; cookers, fridges, washing machines
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