Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in Telford can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
The HCEOs in Telford are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
High Court can enforce the possession order in Market Drayton, Shifnal, or Telford if:
If the High Court in Shropshire has the possession hearing as this is quite unusual, though the normal thing is that when a Telford landlord approaches the High Court to apply for a possession order, the order will be transferred to the County Court, and the exceptions are disputes of points of law or of fact.
An application is submitted by the Telford 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.
Only the county court judge has the choice of transferring to the High Court for enforcement in Market Drayton, Shifnal, or Telford or not.
A landlord in Telford can apply for transfer during the proceedings of a possession order in County Court as he can request for transfer of it to the High court for enforcement.
Once the landlord in Telford obtains the possession order, he/she will be required to apply to the County Court for the transfer of it to the High Court for enforcement.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Telford tenant, such as an appeal against the possession order.
If there exists any unsettled rent and the total amount of arrears alongside court expenses are more than £600, the land owner may decide to apply for the control writ to get back the unpaid cash in Market Drayton, Telford, or Shifnal.
The writ of control is empowering the landlord to seize and sale the tenant's goods to recover his money in Telford, and it is called the writ of Fieri facias or writ of fi fa.
If the debt is governed by the 1974 Consumer Credit Act (CCA), it cannot be referred for compliance to the High Court as CCA controlled transactions can only be imposed in the county court in Shropshire.
A Telford landlord can request a transfer of the order to the High Court for enforcement because of the following reasons:
Implementation in Telford by HCEOs is usually faster than by county court bailiffs
Loss in rental income by the Shropshire county court bailiffs due to delays in compliance
Stopping any property damage or behaviour that is anti-social in Telford
The High court officer can seize goods in Telford while enforcing the possession to recover money owed
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
The tenants may object to transfer the possession to the High Court as the eviction in Telford will happen quicker and they will be liable for higher costs as opposed to Shropshire county court bailiffs.
The reasons for opposing the application may differ as:
The landlord has not given any proof that a delay will be caused if a county court bailiff is used in Telford
The total expenses incurred aren't balanced
She or he wishes for additional time to find another area to settle down in Market Drayton, Telford, or Shifnal prior to moving out
Extenuating circumstances such as children or rent arrears may play a major role in the court in Telford when considered by the judge.
If the Shropshire county court awards the application from the property owner to transfer the possession order to the High Court, the landlord must apply for the consent of the High Court before the court issues the writ of possession, except for:
You will also not require permission for the writ of possession to be issued for a breach, including a breach of possession order that is suspended or when the possession order breach is bills that are unpaid in Telford.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Market Drayton, Telford, or Shifnal will have to give notice of that application to every party in actual possession of the premises.
Unless every occupant in Telford is given the notice that the Court decides is enough, the High Court must not grant permission.
The order may be served in any format considering that there aren't specific requirements in Shropshire.
The notice must include the fact of case; this is the vital part of the notice.
In the case of a sole tenant in Telford who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession could be sufficient notification.
If a landlord fails to give sufficient notice or failure in providing important facts to the court about the pending appeals or application against the proceedings can lead it to the delay in the possession writ, even after the implementation in Telford.
Many HCEOs in Shropshire 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).
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
Basically, an order of ownership in Telford is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
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 Market Drayton, Telford, or Shifnal.
Even though it is a frequent practice for a HCEO to deliver the writ and return a day or two later, there is no need for them to let the tenants in Telford know in advance of their visit regarding when they will be carrying out the writ of possession.
Where a HCEO attempts to seize money and goods (such as costs and rent arrears) and reclaim ownership of the Telford property, a seven-day notice must be given to the tenant/creditor.
The Shropshire High court can stay or set aside a writ of control or writ of possession.
You should fill form N244 when making applications to the high court.
If the staying or setting aside is acquired, it is vital where necessary, that the Telford leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Shropshire.
HCEOs are known as commercial agencies powered by the High Court in Telford.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
HCEOs are guided by 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 Telford.
As of April 6th, 2014, regulation restrict the proceedings of HCEOs and bailiffs when they are taking goods in Telford.
The regulations have requirements that a HCEO must not:
Enter residential property in Shropshire after 9 pm or before 6 am unless stated by the court
Enter if the only person present in the house in Telford is a child under the age of 16
Taking essential household goods example washing machine, cooker or fridge
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