Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in Staffordshire can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
HCEO's are commonly referred to as agents of enforcement, or Sheriffs in Staffordshire.
The High Court can impose a possession order in Newcastle-under-Lyme, Tamworth, or Cannock if:
High Court in Staffordshire has scheduled a hearing for possession order, but it is generally not observed as a landlord in Staffordshire's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
When the Staffordshire property owner makes an application to the county court to transfer the order of possession to the high court for implementation by an HCEO.
It's often the decision of the judge at the county court if the order in Cannock, Tamworth, or Newcastle-under-Lyme will be allowed to get transferred to the High Court.
A request of transferring the possession order to the High Court can be made to County Court during the procession order proceedings by the Staffordshire landlord.
If the Staffordshire landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
An application for transfer cannot be made if there are any pending applications from the tenant in Staffordshire, for example, an appeal against the possession order.
The landlord could ask for a writ of control to recover the money owed in arrears by the tenant if together with court costs it is more than £600 in Newcastle-under-Lyme, Tamworth, or Cannock.
A control letter allows the landlord to seize the tenant or debtor's belongings in Staffordshire, and this was formerly known as writ of Fieri facias or writ of fi fa.
Any debt that is controlled by the Consumer Credit Act (CCA), cannot be moved to the high court for execution because CCA regulated contracts can only be executed in the county court in Staffordshire.
A Staffordshire landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
Enforcement in Staffordshire through the County Court bailiffs is slower than through the HCEOs
Delay in enforcement via County Court bailiff in Staffordshire causes rental income loss
Avoiding any further damage to the assets or antisocial behaviour in Staffordshire
If the tenant owes you money, the HCEO can seize the defaulter's goods in Staffordshire to recover your money as well as enforce the possession order
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
The costs of using an HCEO for eviction in Staffordshire are higher than the Staffordshire county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement to the High Court.
The reasons include but not limited to:
Landlord's failure to provide evidence that there will be problems while using the county court bailiffs in Staffordshire
S/he needs the extra time to find somewhere else to live in Tamworth, Cannock, or Newcastle-under-Lyme before an eviction is endorsed
The tenant needs to highlight the relevant factors the court in Staffordshire can take into consideration such as having significant arrears or having kids.
If the property owner's application to transfer is allowed by the Staffordshire county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:
Authorization for the issuance of a possession writ is also not needed in case there is a breach of possession comprising of suspension of order where there is or lack of payment of money in Staffordshire.
When permission is sought from the High Court, it is liable for the landlord in Tamworth, Newcastle-under-Lyme, or Cannock to give notice of the application every person involved in actual possession of the property - except in the debt recovery or cases against the intruders.
The landlord will not be granted permission from the High Court unless notice is served to each Staffordshire tenant considered enough by the court.
In Staffordshire, it is not required to give the notice in a specific form.
So, enough notice depends on each individual case facts.
In the event that only one tenant in Staffordshire is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
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 Staffordshire.
Sometimes correct procedure had been tried to be avoided by some High Court Enforcement Officers (HCEOs) in Staffordshire 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.
To stop such malpractices, a practice note was issued by the Senior Master of the High Court on 21 March 2016.
Generally, possession order enforcement in Staffordshire is quicker via HCEO as opposed to 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 Tamworth, Newcastle-under-Lyme, or Cannock.
HCEO does not need any requirement to notify the tenants in Staffordshire in advance of their visit and the time they will execute the writ of possession, although it is common practice to drop off the writ and return a few days later.
The HCEO must give a tenant or creditor a seven day's prior notice when seeking to seize money or goods such as hearing costs and rent arrears and when seeking to repossess a property in Staffordshire.
The Staffordshire High Court reserves the right to stay or set aside a writ of control or a writ of possession.
Form N244 should be used to make an application to the High Court.
In case, if the stay or set aside is permitted then it is significant that HCEO should be informed by the Staffordshire tenant about this, as this is quite possible that HCEO has not been informed by the High Court.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the Staffordshire county court.
The High Court authorizes the HCEOs as commercial agencies in Staffordshire, thus, they are not on the court's payroll.
The enforcement officers, who are authorized to execute High Court writs in England and Wales, are listed on the Directory of High Court Enforcement Officers.
HCEOs pledges 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 Staffordshire without an expressed authorization by the court.
New regulations governing the actions of bailiffs in Staffordshire were released and made effective from April 6, 2014.
The regulations stipulate that:
Entering the residential premises in Staffordshire after 9pm or before 6am, except ordered by the court
Enter if the only person present in the house in Staffordshire is a child under the age of 16
Seize essential household items, such as washing machine and cooker
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