Another method for implementation of order of possession is requesting possession warrant from the county court and then the landlord in Stourbridge will be able to apply for the order to move in high court where it can be implemented by enforcement officer of the high court (HCEO).
The HCEOs in Stourbridge are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
A possession order can be applied in Brierly Hill, Stourton, or Kinver through the High Court when:
High Court in West Midlands has scheduled a hearing for possession order, but it is generally not observed as a landlord in Stourbridge's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
A landlord in Stourbridge needs to apply in a County Court for the transfer of possession order to the High Court, so the enforcement is implemented by an HCEO.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Stourton, Kinver, or Brierly Hill to the High Court.
The landlord in Stourbridge can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
After the possession order is acquired the landlord in Stourbridge will need to apply to the county court and request that the order to be moved to the high court for implementation.
A request for transfer may not be possible if there exists an outstanding request from a tenant in Stourbridge; e.g., petition against the possession order.
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 Kinver, Stourton, or Brierly Hill.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Stourbridge - this was initially known as, and still referred to as, a writ of Fieri facias or writ of fi fa.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the West Midlands County Court can enforce agreements regulated by the CCA.
The reasons why a landlord in Stourbridge may request that the order be transferred for enforcement to the High Court include:
The enforcements in Stourbridge get quicker through HCEOs as compared with the bailiffs of County Court
Loss of rental income because of delay in enforcement through the West Midlands county court bailiffs
Prevention of further damage to the property in Stourbridge or anti-social behaviour
HCEOs have authority of execution of the possession order and also of seizing the goods in Stourbridge in case of money owned
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
A tenant may object the transfer of application of enforcement in Stourbridge to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in West Midlands.
The tenant's causes can be:
No evidence from the landlord that there will be a significant delay using the county court bailiffs in Stourbridge
The costs involved are too high
Extra time is needed by the tenant to find some other place to live in Stourton, Brierly Hill, or Kinver after eviction
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Stourbridge will take into account.
If the county court in West Midlands 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:
If the possession order is breached, the writ of possession can be issued without permission, and the breach may include the suspension of a possession order, especially when rent arrears are a part of the breach in Stourbridge.
Once the landlord in Kinver, Brierly Hill, or Stourton contains a permission for enforcement of possession order from high court, he is bound to deliver notices of application to each party who is residing or using the premises.
The high court will not give permission unless every Stourbridge tenant is provided with the notice and the court considers it enough.
There is no particular method for sending the notice to those in West Midlands.
The notice must include the fact of case; this is the vital part of the notice.
If it involves a sole tenant in Stourbridge who knew that the case had been moved to the high court, a reminder from the renter about the particulars of the order and a request to return possession is considered enough notice.
The Writ of Possession can be set aside after execution in Stourbridge if the landlord fails to provide the necessary details where the pending appeals against the possession order are concerned or doesn't give enough notice.
It is also possible that HCEOs in West Midlands take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
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 Stourbridge is frequently faster than the county court agents.
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 Kinver, Brierly Hill, or Stourton.
There is no provision for a HCEO to inform tenants in Stourbridge 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.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the Stourbridge property, a seven-day notice must be given to the tenant/creditor.
The High Court in West Midlands has the mandate to set aside or delay a possession writ, or control writ.
All applications to the High Court must be made on form N244.
However, if the stay or set aside is granted, the tenant in Stourbridge must inform the HCEO because the High Court may not have told them.
However, another application such as to set aside the original permission order needs to be made to the County Court in West Midlands.
HCEOs in Stourbridge are High Court-approved private companies and not court workers.
If you need to check the names of enforcement officers in England and Wales, there is a Directory of High Court Enforcement Officers who have been authorized to execute High Court writs.
HCEOs must conduct themselves to a code of practice.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Stourbridge.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Stourbridge.
The HCEOs are restricted from:
Enter residential property in West Midlands after 9 pm or before 6 am unless stated by the court
Entering the property in Stourbridge while only a child under 16 years of age is present
Take vital household goods like a cooker, fridge or washing machine
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