Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in Southport is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
These HCEOs are also known as Sheriffs, certificated bailiffs or enforcement agents in Southport.
The high court has the authority to impose the order of possession in Southport, Churchtown, or Banks if:
The possession hearing was in the high court in Merseyside as this is rare because the possession order is typically moved to the county court when a landlord in Southport seeks it, but it can take place in the High Court under exceptional circumstances such as factual disagreements or disagreements on law.
When the Southport landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
County court determines if the enforcement in Southport, Churchtown, or Banks can be transferred to high court.
At the hearings of possession in the regional court, the owner of property in Southport may request for the order of possession be transferred to high court to be implemented starting from there.
Following acquisition of the order, the leaseholder in Southport may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
The application for transfer cannot be made if the Southport tenant had made the appeal against the application of a landlord and they have strong points.
If there is unpaid rent, and the arrears plus any court order costs a total of over £600, the property owner may also apply for writ of control to recover the unsettled bills in Churchtown, Banks, or Southport.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Southport - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
The possession order cannot be regulated to the High Court if the overdue rent is regulated by the Consumer Credit Act 1974 (CCA) because CCA regulated contracts can only be implemented by the Merseyside County Court.
The reasons that may lead to a landlord in Southport asking for a transfer of the order to the High Court for enforcement include that:
Enforcement in Southport is normally faster through HCEOs than the bailiffs of the county court
Loss of rental income triggered by enforcement delay of the bailiffs of the county court in Merseyside
Prevent the expedition of property destruction in Southport or anti-social actions
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Southport if the money is owed
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
HCEOs offer faster eviction speed in Southport and are more expensive than the bailiffs in County Court in Merseyside, thus, a tenant may not be comfortable with the transfer arrangement and kick against it for a wide range of reasons.
Usually, tenants want to avoid this process because:
The landlord has not given any proof that a delay will be caused if a county court bailiff is used in Southport
The costs of transfer of the order are too much
The tenant may require more time to look for a new play to live in Churchtown, Banks, or Southport before eviction takes place
Finally, the tenant's condition; if unpaid rent is substantial, and a tenant has children, will form relevant factors for the decision by the county court Judge in Southport.
If the county court in Merseyside grants the application of the landlord to transfer order, the landlord will have to get high court permission before a writ of possession is served except in:
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 Southport.
The moment an application to enforce a possession order has been sent to court, a property owner in Banks, Southport, or Churchtown should be ready to notify each party occupying the property regarding the order application.
The High Court shall not give permission until every tenant in Southport is provided notice as is deemed appropriate by the Court.
In Merseyside, it is not required to give the notice in a specific form.
The facts of the case will help with determining the sufficient notice.
If there is only one tenant in Southport in the property who is already aware that the case has been transferred to the High Court, in this case, a reminder of the terms of the court order from the landlord and a request that possession is given up can be considered sufficient notice.
If the landlord does not give adequate notice or fail to offer information that is complete to the Court about any pending appeals or applications against the proceedings for possession, this could cause the possession writ, even after its execution in Southport to be set aside.
Some HCEOs in Merseyside apply directly to the High Court to take over the matter in the struggle of circumventing the correct procedure. It can be carried out under section 41 of the County Court Act 1984.
On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.
Enforcement of a possession order in Southport is faster through HCEOs than through the county court bailiffs.
A HCEO can execute a writ of possession in just a few days after the landlord's notice of application for permission has expired or of the issue of writ of possession in Banks, Southport, or Churchtown.
There is no need to give notice to the tenants in Southport about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in Southport and seizing goods and payment in form of court costs and owed rent.
High court in Merseyside 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 the tenant in Southport 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.
To set aside the possession order that was original, all the applications must be made to the county court in Merseyside.
High Court Enforcement Officers in Southport are not employees of the court, but they are commercial agencies authorized by the high court.
Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.
As a standard HCEOs subscribe 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 Southport without an expressed authorization by the court.
Regulations govern the action of HCEOs and all other bailiffs in Southport while seizing goods with the effect from 6 April 2014.
The regulations include the requirements not to be met by the HCEO:
Entering the residential premises in Merseyside after 9pm or before 6am, except ordered by the court
Enter a Southport residential property if the only person present at the time is below the age of 16
Take the fridge, cooker, washing machine, or some other essential household items
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