When it comes to obtaining and enforcing a possession order, landlords in Sunderland have many options to choose from and ideally, applying for the same via the county court has been popular, yet, there is another viable option - the High Court Writ of Eviction.
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Sunderland.
A possession warrant may be imposed in Peterlee, Seaham, 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 Sunderland 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.
The possession order can be transferred to the High Court for enforcement when the Sunderland landlord applies for it in the county court.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Cleadon, Seaham, or Peterlee to the high court or not.
The Sunderland landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
After the possession order is acquired the landlord in Sunderland will need to apply to the county court and request that the order to be moved to the high court for implementation.
A land owner cannot apply for a transfer if the tenant in Sunderland has a pending application, for instance, an appeal against the notice of possession.
In case there is unpaid rent and all the arrears combined with court costs exceed £600, the property owner may make an application for the writ of control to recover money owed in Seaham, Peterlee, or Cleadon.
Tenants' goods can be seized and sold in Sunderland under a writ of control, this is commonly known or refers as a writ of Fieri facias or writ of fi fa.
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 Tyne and Wear County Court.
There are several reasons as to why the Sunderland landlord may request for transfer of order for enforcement in the high court and they are:
Enforcement in Sunderland is normally faster through HCEOs than the bailiffs of the county court
Loss of income from the rental because of Tyne and Wear county court bailiff delays
Avoiding any further damage to the assets or antisocial behaviour in Sunderland
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Sunderland 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 Sunderland and are more expensive than the bailiffs in County Court in Tyne and Wear, thus, a tenant may not be comfortable with the transfer arrangement and kick against it for a wide range of reasons.
Tenants may have the following reasons to object:
The landlord did not provide proof that the use of county court bailiffs in Sunderland would be substantially affected
The involved cost are unbalanced
He/she needs more time to look for another place to live in Seaham, Peterlee, or Cleadon before eviction
The specific circumstances of the applicant, such as whether he / she has substantial rent arrears or children, will often be relevant factors that will be considered by the judge in Sunderland.
If the property owner's application to transfer is allowed by the Tyne and Wear county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, 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 Sunderland.
When the landlord in Peterlee, Seaham, 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.
The permission from high court cannot be granted until every tenant in Sunderland receives notification and court finds it satisfactory.
The notice does not require any particular form in Tyne and Wear.
The time period of the notice will be determined on the cases facts.
If it is a sole tenant in Sunderland who already knows that the case was in the high court, the Landlord can send them a reminder showing the terms of the court order and appeal that the tenant gives up possession of the rental property, is sufficient notice.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Sunderland.
Many HCEOs in Tyne and Wear have tried to circumvent the correct procedure by explicitly appealing to the High Court to take over the matter according to section 41 of the County Court Act 1984, or improperly utilizing Form N293A (i.e. rather than trespassers, against tenants).
On 21 March 2016, the court issued a practice note through the Senior Master of the High Court (Queens Bench Division) to stop these malpractices and illegal use of their powers.
Like we said earlier, Enforcement of a possession order in Sunderland is quicker through HCEOs than the county court bailiffs.
The execution can be done just a couple of days after the landlord's application for permission to the High Court expires or the possession writ is issued in Cleadon, Peterlee, or Seaham.
In most cases, they do not inform the tenants of their visit in Sunderland and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
On the other hand, a HCEO must provide the tenant/creditor with a seven days' notice in case they are looking for goods and money, like rent debts and expenses and regain the possession of the residence in Sunderland.
The Tyne and Wear High Court can uphold or set aside a writ of possession, or writ of control.
You will need to complete form N244 during your application to high court.
In case the stay or set aside is obtained, it's important where applicable, that the Sunderland tenant notifies the HCEO of the situation since the high court might have not notified the HCEO.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the Tyne and Wear county court.
HCEOs in Sunderland are commercial agencies certified by the High Court, they are not employees of the court.
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.
As a standard HCEOs subscribe to a code of practice.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Sunderland unless the court says so.
Regulations govern the action of HCEOs and all other bailiffs in Sunderland while seizing goods with the effect from 6 April 2014.
They must not:
Enter the Tyne and Wear property before 6am or after 9pm unless when ordered by the court
Entering a property in Sunderland if the occupant is a child younger than 16
Take goods such as the washing machine, fridge, or cooker
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