Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in Redditch can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Redditch.
The High Court can enforce the possession order in Cladswell, Alcester, or Dunnington on different conditions, such as:
The hearing of possession occurred within the High Court in Worcestershire, this is bizarre, because if a landlord in Redditch does apply for a possession notice in the High Court, it would usually get transferred to the county court, and it would only stay there if there are unusual situations involved within the order.
The landlord in Redditch makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Cladswell, Dunnington, or Alcester to the high court or not.
A landlord in Redditch 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.
The Redditch landlord may seek to withdraw and transfer the enforcement even after obtaining the possession order at the county court, he would need to go back to the county court and apply to the High Court for enforcement.
The landlord cannot apply for high court transfer in case of any outstanding application such as if the appeal against the possession order is filed by the tenant in Redditch.
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 Cladswell, Alcester, or Dunnington.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Redditch.
If the Consumer Credit Act 1974 (CCA) regulated the debt, it could not be transferred to the High Court, as CCA regulated agreements can only be enforced in the county court in Worcestershire.
There are certain reasons why a landlord in Redditch can apply for a transfer of the order to the High Court for enforcement including:
High Court Enforcement Officers can carry out the eviction in Redditch quicker than bailiffs of the county court
Loss of income from the rental because of Worcestershire county court bailiff delays
Reduce the chances of further damage to the property or any other anti-social behaviour in Redditch
The High court officer can seize goods in Redditch while enforcing the possession to recover money owed
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to Worcestershire county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Redditch go to the High Court.
These reasons include:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Redditch
The total expenses incurred aren't balanced
The tenant needs enough time to find alternative accommodation in Cladswell, Alcester, or Dunnington
The tenant's specific issues, such as whether he/she has noticeable rent arrears or children, will most of the time be relevant factors the court in Redditch will consider.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the Worcestershire county court, however, they won't need the permission in:
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 Redditch as required.
When permission is sought from the High Court, it is liable for the landlord in Dunnington, Alcester, or Cladswell 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 will not give permission unless every Redditch tenant is provided with the notice and the court considers it enough.
Notice can be given in any way in Worcestershire as there are no rules for this.
What is acceptable depends on the particular case in question.
Once a tenant in Redditch already knows that there has been a transfer of the order to the High Court, a notice such as a reminder of the stipulations in the court order and a request that the tenant leaves the property may be regarded as sufficient.
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 Redditch.
Some HCEOs in Worcestershire try to take over the matter under section 41 of the County Court Act 1984 by applying directly to the High Court or by inappropriately using Form N293A (i.e., against tenants instead of trespassers) to circumvent the correct procedure.
The Senior Master of the High Court (Queens Bench Division) releases a practice note on 21 March 2016 to block these loopholes and stop the unfair practices.
The HCEOs can carry out enforcement of a possession order in Redditch faster than the county court bailiffs.
The implementation of a writ of possession by an HCEO can take place in few days after the notice by the landlord to tenants expires or when the writ of possession is issued in Alcester, Dunnington, or Cladswell.
The HCEO is not under obligation to provide advance notice to the Redditch tenants about when the writ of possession will be executed, however, they usually drop the writ with the tenant and revisit the tenant a day or two later.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Redditch, they are bound to give a seven day notice to tenant.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Worcestershire.
Applications should be submitted on Form N244 to the High Court.
If the court grants either the stay or set aside the application, the tenant in Redditch should inform the HCEO who may not have the updated information.
The Worcestershire county court is to set aside the original order of possession to apply for any other application.
HCEOs in Redditch are High Court-approved private companies and not court workers.
All enforcement officers in England and Wales authorized by the High Court to execute writs are listed in the Directory of High Court Enforcement Officers.
The HCEOs cannot carry out the evictions if they aren't subscribed to a code of practice.
They can't execute a writ of possession on some special days such as Good Friday, on a Sunday, or on Christmas day in Redditch without an expressed authorization by the court.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Redditch.
Under these regulations, the HCEO is restricted from:
Gain access to a Worcestershire residential property before 6am or past 9pm, unless authorised by the court
Enter the Redditch premises if the only person available is a child under 16 years of age
Seize essential household items, such as washing machine and cooker
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