Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in Swindon is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
High Court Enforcement Officers are named as the Bailiffs, Sheriffs or enforcement agents in Swindon.
The high court has the authority to impose the order of possession in Melksham, Calne, or Devizes if:
The possession hearing was in the high court in Wiltshire as this is rare because the possession order is typically moved to the county court when a landlord in Swindon seeks it, but it can take place in the High Court under exceptional circumstances such as factual disagreements or disagreements on law.
An application is submitted by the Swindon landlord to the county court requesting for the transfer of a possession order to the High Court so that it can be enforced by an HCEO.
It is the choice of the County Court judge to permit the transference of enforcement in Devizes, Calne, or Melksham to the High Court.
The landlord in Swindon can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
The Swindon landlord will need to apply to the county court requesting that the possession order be transferred to the High Court for enforcement purposes after a possession order has been obtained.
An application for transfer cannot be made if there are any pending applications from the tenant in Swindon, for example, an appeal against the possession order.
Another scenario is recovering the debt if the overdue rent is over £600, the landlord applies for the writ of control to recover money in Devizes, Melksham, or Calne.
The warrant of control allows the owner to sell or seize the debtor's or the tenant's belongings in Swindon and this is commonly referred to as fi fa or Fieri facias writ.
The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Wiltshire executes them as they are CCA regulated agreements.
The Swindon landlord must have strong reasons for asking for transfer of the possession order to the High Court for enforcement such as:
High Court Enforcement Officers can carry out the eviction in Swindon quicker than bailiffs of the county court
The slow process of execution by bailiffs of county courts in Wiltshire results in losses for landlords due to unpaid rent
Prevent the expedition of property destruction in Swindon or anti-social actions
The HCEO can both carry out the order and apprehend possessions in Swindon, when money is owed to the landlord
From the moment of possession order transfer, judgment debt will be charged with the interest, which is currently 8 per cent.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to Wiltshire county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Swindon go to the High Court.
This may be because:
The landlord in Swindon has not given any proof of delays in case of usage of bailiffs from county courts
Court costs are expensive
He/she is looking for some extra time to find a place to stay in Melksham, Calne, or Devizes before vacating
The Swindon court's decision about the order transference is affected by a number of factors, for instance, in case there are children with tenants or presence of notable rental arrears.
It is a must for the landlord to get permission from the high court if he/she wants to transfer the application granted by the County court in Wiltshire, apart from when:
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 Swindon.
When a landlord seeks permission from the High Court to enforce a possession order, the landlord in Calne, Melksham, or Devizes is required to notify everyone in the property of the application and the only exceptions are if there are actions against trespassers or in cases involving mortgage repossession.
The high court will not give permission unless every Swindon tenant is provided with the notice and the court considers it enough.
There is no specific requirement of notice to be served in a set form in Wiltshire.
What is acceptable depends on the particular case in question.
In the event that a tenant in Swindon who had a case that had been transferred to the High Court was aware, a reminder from the property owner of the terms of the court order and a request that possession is considered to be sufficient notice.
If the landlord has failed to provide enough notice or does not provide complete information to the court regarding pending appeals against the possession proceedings then, he may face set a side of the writ of possession even after its execution in Swindon.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in Wiltshire.
The Senior Master of the High Court (Queens Bench Division) releases a practice note on 21 March 2016 to block these loopholes and stop the unfair practices.
Frequently, HCEO's enforcement of order of possession in Swindon is frequently faster than the county court agents.
Execution of the possession order is possible only in a few days of the expiration of the notice given by the landlord when executed by the high court or after then possession writ is issued in Devizes, Melksham, or Calne.
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 Swindon in the advance of their visit for the execution of the possession order.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Swindon, it is imperative that a 7-day notice is given to the tenants in question.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Wiltshire.
The applicants can use the Form N244 to submit an application in the High Court.
If the stay is issued or set aside, it is necessary that the respondent in Swindon advises the HCEO of this aspect where appropriate, since the High Court may not have notified the HCEO.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a Wiltshire county court.
The role of commercial agencies is assigned to HCEOs in Swindon and authorised by the High Court, not the Court employees.
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 pledges to a code of practice.
Except stated otherwise by the court, a writ of possession cannot be enforced on Christmas Day, Good Friday, or on a Sunday in Swindon.
From April 6th 2014, rules govern the actions of the HCEOs and all other bailiffs in Swindon, when confiscating commodities.
Under these regulations, the HCEO is restricted from:
Reach a residential property in Wiltshire by 6 a.m. or 9 p.m., as approved by the judge
Enter a premise in Swindon if the only person inside is someone under the age of 16
Take goods such as the washing machine, fridge, or cooker
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