The best way to execute a possession order is by asking the county court to issue a warrant of possession and the landlord in Taunton has to request for transfer of the possession order to the High Court for enforcement, by the High Court Enforcement Officer (HCEO).
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in Taunton.
The possession order from the High Court can occur in Burnham-on-Sea, Bridgwater, or Hastings through these means:
During Somerset high court possession hearing as the practice is uncommon considering that in case a leaseholder in Taunton applies for an ownership order in the court, it may be send to the regional court unless certain conditions such as complex disagreements are involved.
If the Taunton landowner writes to request the regional court to move the possession order to high court where it can be executed by a representative from high court.
The County Court judge can decide to allow the transfer of enforcement in Burnham-on-Sea, Hastings, or Bridgwater or not, that's at the judge's discretion.
The landlord in Taunton can request to transfer the possession order to the High Court for enforcement during the county court possession proceedings.
The Taunton landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
Application for transfer can't be made in case there is any outstanding application from a tenant in Taunton, for example, an appeal against the order of possession.
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 Hastings, Bridgwater, or Burnham-on-Sea.
A control writ avails the overrun and sell of the goods of the debtor/tenant in Taunton - this was initially known as, and still referred to as, a writ of Fieri facias or writ of fi fa.
If the debt is controlled by the (CCA) 1974 Consumer Credit Act, it cannot be transferred for enforcement to the High Court, as CCA regulated agreement can be enforced in the county court in Somerset.
A Taunton landlord can apply for transfer of the possession order to a High Court for the following reasons:
The enforcement process in Taunton is often quicker with the HCEO's than with a county court
Loss of income from the rental because of Somerset county court bailiff delays
To prevent any further dismantlement to the premises in Taunton or behaviour that is antisocial
The High court officer can seize goods in Taunton while enforcing the possession to recover money owed
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
As the eviction speed increases in Taunton and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Somerset, a tenant may want to object an application for transfer to the High Court of the enforcement.
The reasons for opposing the application may differ as:
The landlord in Taunton did not prove that there will be colossal delay by using the county court bailiffs
The costs involved are disproportionate
The tenant needs extra time to find somewhere else to live in Hastings, Bridgwater, or Burnham-on-Sea
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 Taunton.
If the Somerset county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except in:
In addition, permission is not required for serving the writ of possession due to a breach of a possession order and this includes suspended orders where the breach contains lack of paying money in Taunton.
When the High Court sought out permission to enforce a possession order (except in actions against trespassers and mortgage repossession cases), the landlord in Hastings, Bridgwater, or Burnham-on-Sea must give notice application to 'every person in actual possession' of the property.
High court may not consent until each leaseholder in Taunton has been served with the order and it is satisfied.
Notice can be given in any way in Somerset as there are no rules for this.
The time period of the notice will be determined on the cases facts.
If the property has one sole tenant in Taunton who is aware of the case being in the High Court, a possession request and reminder of the court order's terms are enough notice.
The writ of possession may be annulled even after it has been enforced in Taunton, in cases where the landlord fails to provide enough notice, or when information about appeals against the possession hearings or pending application is withheld from the court.
Some HCEOs in Somerset had tried skipping the right procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by applying form N293A clumsily such against tenants rather than trespassers.
On 21 March 2016, a practice note was issued by the Senior Master of the High Court in order to ensure that these malpractices stop.
Normally, HCEOs can execute an order of possession in Taunton more quick than the county court's bailiffs.
Execution of a letter of possession by a HCEO may occur only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the question of the letter of possession is given in Bridgwater, Hastings, or Burnham-on-Sea.
The HCEO doesn't need to inform the tenants in Taunton about when they are going to execute the writ of possession, and the HCEOs usually drop off the writ return a day or two later.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Taunton, they must give the tenant or creditor a seven days' notice.
The High Court in Somerset can set aside or stay a writ of control or a writ of possession application.
Form N244 should be used when applying to the high Court.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Taunton because the HCEO may not have received this notice from the High Court.
Any other application must be made through the Somerset county court, for example, setting aside the possession order that was original.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Taunton backed by the High Court.
You can research for the list of the Directory of High Court Enforcement Officers, for the enforcement officers in England and Wales who have the approval to implement High Court writs.
Every high court enforcement officer must stick to the code of practices.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Taunton, unless it is ordered by the court.
Regulations govern the action of HCEOs and all other bailiffs in Taunton while seizing goods with the effect from 6 April 2014.
Under these regulations, HCEO has no right to:
The HCEO mustn't enter a residential property in Somerset before 6 am, or after 9 pm, without authorization from the court
Enter the premises in Taunton if the only person inside is a kid aged below 16 years
Take goods such as the washing machine, fridge, or cooker
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