The landlord in Southend-on-Sea can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Southend-on-Sea.
The high court has the authority to impose the order of possession in Rayleigh, Rochford, or Canvey Island if:
The hearing of possession occurred within the High Court in Essex, this is bizarre, because if a landlord in Southend-on-Sea 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.
When the Southend-on-Sea property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
The decision to permit the transfer of enforcement in Rayleigh, Rochford, or Canvey Island to the High Court is solely taken by the county court judge.
A landlord in Southend-on-Sea 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.
Following acquisition of the order, the leaseholder in Southend-on-Sea may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
Where there are any outstanding tenant requests in Southend-on-Sea, for example, a possession order appeal, the transfer request cannot be made.
If there are rent arrears and the arrears are in excess of £ 600 together with any court costs, the landlord may also apply for a writ of control to recover the money owed in Rayleigh, Canvey Island, or Rochford.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Southend-on-Sea, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Essex executes them as they are CCA regulated agreements.
There can be a number of reasons for which landlords in Southend-on-Sea can request the transference in high court for execution including the following:
The implementation in Southend-on-Sea is usually quicker when handled by HCEOs as compared to county court sheriffs
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in Essex
Reduce the chances of further damage to the property or any other anti-social behaviour in Southend-on-Sea
If the tenant owes you money, the HCEO can seize the defaulter's goods in Southend-on-Sea to recover your money as well as enforce the possession order
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
Not only is it more expensive to use a HCEO, eviction in Southend-on-Sea is also faster with HCEOs as compared to county court bailiffs in Essex, 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 Southend-on-Sea
The costs are higher than expected
Tennant needs some more time to find another place to live in Canvey Island, Rayleigh, or Rochford
Exceptional circumstances like when a tenant has children or owes a substantial amount of debt are usually important factors which would be considered by the court in Southend-on-Sea.
The landlord must obtain permission from the High Court before the writ of possession is issued if the landlord's application to transfer possession order is granted by the Essex county court, except in:
Also, if there has been a violation of a possession order, permission may not be obtained before a writ of possession is issued, as well as in a suspended possession order where the violation includes failing to pay debts in Southend-on-Sea.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Canvey Island, Rayleigh, or Rochford will have to give notice of that application to every party in actual possession of the premises.
The High Court should not permit unless each tenant in Southend-on-Sea is given such a notice as the Court considers enough.
The notice can be given in any form in Essex since there are no specific requirements.
Sufficient proof depends on the facts of the case.
If there is just one tenant in the Southend-on-Sea property, who is already aware of the case being transferred, then a simple reminder by the landlord of the guidelines from the court order and a demand that the property is to be given up is more than enough.
Failure to give adequate notice, or fail to give to court full information in regard to pending appeals or applications against the proceedings of possession, may result in the writ of possession being set aside, even after it is executed in Southend-on-Sea.
Some HCEOs in Essex 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.
The Senior Master of the High Court (Queens Bench Division) gave out a practice not on the 21st March 2016 to stop the carelessness.
HCEOs usually enforce a possession order in Southend-on-Sea faster than county court bailiffs.
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 Canvey Island, Rayleigh, or Rochford.
The common practice is to drop off the writ and return within a day or two, however, it is not a specific requirement by the HCEO to inform the tenants in Southend-on-Sea in the advance of their visit for the execution of the possession order.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Southend-on-Sea, a seven-day notice must be issued to the tenant / creditor.
The Essex High court can stay or set aside a writ of control or writ of possession.
Form N244 should be used to send the stay or set aside applications to the High Court.
If the tenant in Southend-on-Sea 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.
Any other motion, such as setting aside the original order of ownership, must be sent to the county court in Essex.
HCEOs in Southend-on-Sea are commercial agencies certified by the High Court, they are not employees of the court.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
HCEOs pledges to a code of practice.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Southend-on-Sea - only if ordered by the court.
New regulations governing the actions of bailiffs in Southend-on-Sea were released and made effective from April 6, 2014.
The protocols include:
Enter residential property in Essex before 6 am or after 9 pm unless the Court has authorised them
Go inside the Southend-on-Sea house if the only person there is a child of 16 years of age and below
Take household goods such as fridge, cooker, washing machine, and many more
Based in Southend-on-Sea, working nationwide
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