One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Redbridge can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Redbridge.
The High Court can enforce a notice of possession in Chigwell, Chigwell Row, or Barkingside if:
The possession hearing was in the High Court in Greater London as this is unusual since if a property owner in Redbridge applies for a possession order in the High Court, it will be transferred to the County Court unless there are special cases, like complicate disagreements of fact or significant points of law.
The possession order can be transferred to the High Court for enforcement when the Redbridge landlord applies for it in the county court.
It is at the county court's discretion whether to require enforcement in Chigwell, Barkingside, or Chigwell Row to be referred to the High Court.
If the possession order is approved during the possession hearing at the county court, the Redbridge landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.
The Redbridge landlord needs to make an application to the county court after obtaining the possession order and in this application, they request to transfer the order to the High Court for Enforcement.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in Redbridge against a 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 Chigwell Row, Chigwell, or Barkingside.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Redbridge - this was initially known as, and still referred to as, a writ of Fieri facias or writ of fi fa.
If the debt is regulated by the CCA 1974 (Consumer Credit Act) then enforcement by the High Court cannot be applied because only Greater London County Courts have the power to enforce the agreement regulated by Consumer Credit Act.
These are some reasons a landlord in Redbridge could apply for a transfer to the High Court including:
Enforcement in Redbridge is usually faster by HCEOs than by county court bailiffs
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in Greater London
To prevent any further dismantlement to the premises in Redbridge or behaviour that is antisocial
HCEO has the right to enforce the possession order as well as seizing the goods in Redbridge if there is any pending rent
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 Redbridge is faster at the high court, and the cost is higher than the amount Tenant will pay when they use Greater London county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The reasons for opposing the application may differ as:
The property owner in Redbridge has availed evidence that there will be a significant delay using the county court bailiffs
The costs involved are disproportionate
They would require more time to find another place to live in Chigwell, Barkingside, or Chigwell Row before eviction
The court in Redbridge can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.
If the Greater London county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except in:
Permission is also not needed for the issue of a writ of possession, including a suspended possession order or lack of payment following the breach of a possession order in Redbridge.
The landlord in Chigwell Row, Barkingside, or Chigwell needs to give notice of this application to everyone in possession of the premises when he/she is looking to get the order transferred to the High Court.
Permission must not be granted by the High Court except each tenant in Redbridge is provided with the notice in the timeframe that is deemed sufficient by the Court.
When serving the notice, there are no set out requirements of the form in Greater London.
So, enough notice depends on each individual case facts.
In the event that only one tenant in Redbridge is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
The writ of possession may be annulled even after it has been enforced in Redbridge, 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.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Greater London by applying to High Court directly to take over the issue under section 41 of the County Court Act 1984 as well as by using form N293A in improper way.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
Basically, an order of ownership in Redbridge is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
The HCEO can execute the writ of possession right after a few days of expiry of the notice of the landlord's application for permission to the High court, or when the writ of possession is issued in Chigwell, Chigwell Row, or Barkingside.
In most cases, they do not inform the tenants of their visit in Redbridge and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
However, the HCEO needs to give a seven days' notice to the tenant where they need to seize goods and money while recovering possession of the property in Redbridge.
The Greater London high court has the jurisdiction to stay or set aside a writ of control or writ of possession.
The applicants can use the Form N244 to submit an application in the High Court.
If the stay is issued or set aside, it is necessary that the respondent in Redbridge advises the HCEO of this aspect where appropriate, since the High Court may not have notified the HCEO.
Otherwise, other applications, including setting aside the original possession order must be made to the Greater London county court.
HCEOs in Redbridge are commercially paid agencies given authority by the High Court and are not actual 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.
HCEOs are guided by a code of practice.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Redbridge.
From the regulations set on 6 April 2014, there are rules that regulate the actions of HCEOs, and all other bailiffs in regard to goods seizure in Redbridge.
The laws require that an HCEO should not:
Without the court orders, entering a residential property in Greater London later than 9pm or prior to 6am
Enter the premises in Redbridge if the only person inside is a kid aged below 16 years
Seizing essential domestic equipment such as washing machine, fridge, or cooker
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