One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Scarborough can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
In Scarborough, HCEOs are also known as sheriffs, certificated bailiffs or enforcement agents.
A possession order can be applied in Carr End, Barrowcliff, or Ainthorpe through the High Court when:
High Court in North Yorkshire has scheduled a hearing for possession order, but it is generally not observed as a landlord in Scarborough's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
If the Scarborough landowner writes to request the regional court to move the possession order to high court where it can be executed by a representative from high court.
It is at the county court's discretion whether to require enforcement in Ainthorpe, Barrowcliff, or Carr End to be referred to the High Court.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Scarborough to move the order of possession for enforcement in high court.
The landlord in Scarborough must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in Scarborough 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 Carr End, Ainthorpe, or Barrowcliff.
Formerly and still popularly referred to as a writ of Fieri facias or writ of fi fa, a writ of control allows the tenant/debtors belongings to be seized or sold in Scarborough.
Agreements regulated by the CCA cannot be enforced outside the North Yorkshire county court, so if the debt is guided by the 1994 CCA (Consumer Credit Act), it is impossible to transfer enforcement to the High Court.
There are certain reasons why a landlord in Scarborough can apply for a transfer of the order to the High Court for enforcement including:
Enforcement in Scarborough is normally faster through HCEOs than the bailiffs of the county court
Delays in implementation by the North Yorkshire county court bailiffs could cause the landlord to lose rental income
Prevention of further damage to the Scarborough property and/or anti-social behaviour
If the tenant owes you money, the HCEO can seize the defaulter's goods in Scarborough to recover your money as well as enforce the possession order
An interest rate of 8% will be accrued for judgement debt arrears from the start of the order transfer.
The opposition from the tenant's side can be seen against the transference application because in high court, the eviction process in Scarborough can be quick and HCEOs are also more expensive as compared to bailiffs of county courts in North Yorkshire.
The explanations for the lease might include:
The landlord is yet to prove that there may delays if the case is handled by a county court's bailiffs in Scarborough
The costs involved are too high
The tenant needs extra time to find somewhere else to live in Ainthorpe, Barrowcliff, or Carr End
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Scarborough will take into account.
It is a must for the landlord to get permission from the high court if he/she wants to transfer the application granted by the County court in North Yorkshire, apart from when:
Permission is also not a requirement for the possession writ issuance following the possession order breach, including a possession order that is suspended, where the breach include unpaid bills in Scarborough.
The landlord in Carr End, Barrowcliff, or Ainthorpe 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.
The High Court must not grant permission until each tenant in Scarborough is given such notice as the Court considers sufficient.
There are no laid down rules for providing the notice in North Yorkshire.
So, enough notice depends on each individual case facts.
In another scenario, if in case only a sole tenant in Scarborough was being aware of the case transfer to the High Court, the reminder from the landlord including terms of the court order could be enough as a notice.
Failure to provide sufficient notice means failure to provide enough information to the Court about pending applications or appeals against the proceedings, and this can lead to the writ of possession been set aside, even after its execution in Scarborough.
Some HCEOs in North Yorkshire 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.
On 21 March 2016, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
Enforcement of a possession order in Scarborough is faster through HCEOs than through the county court bailiffs.
Execution of a letter of possession by a HCEO may occur only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the question of the letter of possession is given in Barrowcliff, Ainthorpe, or Carr End.
The HCEO is not under obligation to provide advance notice to the Scarborough 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.
HCEO must give notice of seven days when seeking possession of the property in Scarborough and to seize the goods or cost to recover the overdue rent.
High court in North Yorkshire enjoys the powers to set aside or uphold possession or control writ.
Applications can be made by filling out the N244 form while giving application to high court.
If stay or set aside is given, then it's important for the tenant in Scarborough to inform the HCEO themselves of these details because the High Court may not have provided them with the information.
The applicants must make any other application to the North Yorkshire county court, for instance, to set aside the original possession order.
The High Court authorizes the HCEOs as commercial agencies in Scarborough, thus, they are not on the court's payroll.
Therefore, you need to go through the Directory of High Court Enforcement Officers to see those that are commissioned to carry out the task in your jurisdiction.
HCEOs pledges to a code of practice.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Scarborough unless court affirms.
The regulations for governing HCEOs and bailiff's actions while seizing belongings in Scarborough are applicable from April 6, 2014.
The HCEOs are restricted from:
Entering the residential premises in North Yorkshire after 9pm or before 6am, except ordered by the court
Entering the property in Scarborough while only a child under 16 years of age is present
Carry important household goods such as a microwave, refrigerator or laundry
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