Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in South Shields can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).
HCEOs are also referred to in South Shields as enforcement agents, certified bailiffs or Sheriffs.
A possession warrant may be imposed in Jarrow, Whitburn, or Cleadon by the High Court if:
The hearing for the possession order was in the High Court in Tyne and Wear as a hearing a possession order in the High court is abnormal because, if a South Shields landlord sues for a possession order in the High Court, the case is transferred to the county court except there are particular circumstances, like complex disputes of fact or vital points of law.
An application is submitted by the South Shields landlord to the county court requesting for the transfer of a possession order to the High Court so that it can be enforced by an HCEO.
The county court judge has the authority to decide whether the enforcement in Jarrow, Cleadon, or Whitburn should be transferred to High Court or not.
During the proceedings of a possession order in the county court, the landlord in South Shields can plea enforcement to bed moved to the High Court.
The landlord in South Shields must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
Where there are any outstanding tenant requests in South Shields, for example, a possession order appeal, the transfer request cannot be made.
Another scenario is recovering the debt if the overdue rent is over £600, the landlord applies for the writ of control to recover money in Whitburn, Jarrow, or Cleadon.
Tenants' goods can be seized and sold in South Shields under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Tyne and Wear executes them as they are CCA regulated agreements.
A South Shields landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
Enforcement in South Shields by HCEO is usually faster than the county court bailiff enforcement
Loss in rental income by the Tyne and Wear county court bailiffs due to delays in compliance
Reduce the chances of further damage to the property or any other anti-social behaviour in South Shields
HCEOs have authority of execution of the possession order and also of seizing the goods in South Shields in case of money owned
The interest on judgement debt for arrears, which is currently at the rate of 8%, will accumulate right from the transfer of the order.
Not only is it more expensive to use a HCEO, eviction in South Shields is also faster with HCEOs as compared to county court bailiffs in Tyne and Wear, tenants may counter an application for a transfer to the High Court for enforcement.
The reasons for the tenant may be:
Landlord's failure to provide evidence that there will be problems while using the county court bailiffs in South Shields
The total expenses incurred aren't balanced
Extra time is needed by the tenant to find some other place to live in Whitburn, Cleadon, or Jarrow after eviction
Specific circumstances of the tenant, such as whether or not he/she has substantial rent arrears or children; will often be relevant factors that the court in South Shields will consider.
If the application of the landlord to switch is given the green light by the Tyne and Wear county court, then, before having a writ of possession issued, the landlord needs to get permission from the High Court first, except in these circumstances:
Furthermore, the permission required before serving warrant of possession is not necessary when there is a violation of order of possession including suspension orders in which violation includes non payment of money in South Shields.
When the landlord in Jarrow, Whitburn, or Cleadon ask for leave to enforce a possession order in the High Court (except in actions against trespassers and cases of mortgage repossession), the landlord must give notice of this application to 'all persons in actual possession' of the property.
High court may not consent until each leaseholder in South Shields has been served with the order and it is satisfied.
Notice can be given in any way in Tyne and Wear as there are no rules for this.
However, it should be according to the facts of the case.
If the property has one sole tenant in South Shields who is aware of the case being in the High Court, a possession request and reminder of the court order's terms are enough notice.
If the landlord has failed to provide enough notice or does not provide complete information to the court regarding pending appeals against the possession proceedings then, he may face set a side of the writ of possession even after its execution in South Shields.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Tyne and Wear 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.
The Senior Master of the High Court (Queens Bench Division) gave out a practice not on the 21st March 2016 to stop the carelessness.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in South Shields rather than county court bailiffs.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Jarrow, Cleadon, or Whitburn.
There is no requirement for a HCEO to notify tenants in South Shields in advance of their visit when they will execute the possession letter, although it is common practice for them to drop the letter and return one or two days later.
HCEO must give notice of seven days when seeking possession of the property in South Shields and to seize the goods or cost to recover the overdue rent.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Tyne and Wear.
Form N244 is used for these applications.
So, it is the responsibility of the tenant in South Shields to inform HCEO if the stay is set aside or issued as the High court may not inform them.
Additional applications such as an annulment of the original order of possession must be submitted to the Tyne and Wear county court.
HCEOs in South Shields are commercial firms authorised by the High Court, not employees of the court.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
All enforcement officers of the high court need to adhere to the practice code.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in South Shields, unless the court has stated otherwise.
Starting from the 6th of April, 2014, certain laws were put in place to govern activities of HCEOs and bailiffs in South Shields during seizure of tenant possessions.
According to these regulations the HCEO must not:
Go inside the Tyne and Wear residential premises earlier than 6 am or past 9 pm unless the court orders that
Enter the premises in South Shields if the only person inside is a kid aged below 16 years
To take or seize the basic household goods such as cooker, fridge or washing machine
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