The landlord in Slough can get enforcement by high court enforcement officer by simply applying to the county court to transfer its possession order from county court to High Court which is also an alternative to possession order implementation by the issuance of the warrant of possession from the County Court.
HCEO's are commonly referred to as agents of enforcement, or Sheriffs in Slough.
A possession warrant may be imposed in Gerrards Cross, North Ascot, or Iver Heath by the High Court if:
The possession hearing was in the High Court in Berkshire as this is unusual since if a property owner in Slough 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 landlord in Slough specifically applies to the county court to get the process transferred into the High Court.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Iver Heath, North Ascot, or Gerrards Cross to the high court or not.
The Slough property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
The Slough 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.
A request for transfer may not be possible if there exists an outstanding request from a tenant in Slough; e.g., petition against the possession order.
However, the landlord can apply for a writ of control to recover the money owed if there are rent arrears in Gerrards Cross, North Ascot, or Iver Heath and court fees that costs over £600.
A writ of control provides for the sale and seizure of the tenant's goods in Slough - this was formerly known as a writ of fi fa or writ of Fieri facias.
If the debt is governed by the 1974 Consumer Credit Act (CCA), it cannot be referred for compliance to the High Court as CCA controlled transactions can only be imposed in the county court in Berkshire.
These are some reasons a landlord in Slough could apply for a transfer to the High Court including:
Enforcement in Slough is quicker through HCEOs than the county court bailiffs
Delay in enforcement via County Court bailiff in Berkshire causes rental income loss
Prevention of further damage to the property in Slough or antisocial behaviour
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Slough too
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
As the eviction speed increases in Slough and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Berkshire, a tenant may want to object an application for transfer to the High Court of the enforcement.
Some reasons the tenant may give include:
The landlord in Slough may have no proof that using the county court bailiff would delay the case
The costs are higher than expected
He/she needs the excess time to find somewhere else to stay in Iver Heath, North Ascot, or Gerrards Cross before being evicted
The decision of the Slough court to oppose the transfer of order will be influenced by several factors that affect the tenant such as if the tenant has children or has significant rent arrears.
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 Berkshire county court, however, they won't need the permission in:
You will also not require permission for the writ of possession to be issued for a breach, including a breach of possession order that is suspended or when the possession order breach is bills that are unpaid in Slough.
When a landlord in North Ascot, Iver Heath, or Gerrards Cross seeks permission from the High Court in order to enforce the possession order then every tenant (everyone in actual possession) must be served with the notice of application.
Unless every occupant in Slough is given the notice that the Court decides is enough, the High Court must not grant permission.
There are no laid down rules for providing the notice in Berkshire.
The satisfactory notice will vary according to the case facts.
In the case of a sole tenant in Slough, the landlord can send a reminder of the terms of the court if the tenant is already notified about the case being transferred to the High court.
Failing to provide good enough notice or failing to give the full details to the Court about current appeals or applications not in favour of the process, can waver the writ of possession process, even if it's been executed in Slough.
Some HCEOs in Berkshire apply to the High Court directly to take over the case through Form N293A or Section 41, the County Court Act 1984, and they thus bypass the normal procedure.
So, in order to prevent such malpractices, High Court's Senior Master issued a practice note on 21 March 2016.
Frequently, HCEO's enforcement of order of possession in Slough is frequently faster than the county court agents.
An HCEO has the ability to implement a possession writ within some few days following expiry of the order application by the asset owner for consent or possession writ issuance in North Ascot, Gerrards Cross, or Iver Heath.
There is no provision for a HCEO to inform tenants in Slough in advance of their visit when they will execute the possession document, although it is common practice for them to drop the letter and return one or two days later.
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 Slough.
The High Court in Berkshire has the right to keep or set aside a letter of possession or control.
All applications to the High Court must be made on form N244.
If the tenant in Slough is able to obtain the stay or set aside, he should notify the HCEO about the updated status as they may not be timely notified.
The applicants must make any other application to the Berkshire county court, for instance, to set aside the original possession order.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Slough backed by the High Court.
You can research for the list of the Directory of High Court Enforcement Officers, for the enforcement officers in England and Wales who have the approval to implement High Court writs.
The HCEOs cannot carry out the evictions if they aren't subscribed to a code of practice.
A writ of possession must not be administered on a Sunday, Good Friday or Christmas Day in Slough, unless courts decides otherwise.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Slough.
Under these regulations, HCEO has no right to:
Go inside the residential property in Berkshire before 6 am or after 9 pm, except the court approved it
Go inside the Slough house if the only person there is a child of 16 years of age and below
Taking essential household goods example washing machine, cooker or fridge
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