One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Torbay can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
HCEO's are commonly referred to as agents of enforcement, or Sheriffs in Torbay.
A possession order can only be enforced in Torquay, Cockington, or Maidencombe through the High Court when:
Hearing in the High Court in Devon is only possible if the circumstances are dire, for example, the High Court will deal with the case if the dispute is having any exceptional circumstances, otherwise, the possession order applied for by the Torbay landlord will be transferred to the County Court.
An application is submitted by the Torbay 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.
The county court judge has to decide whether to allow the transfer of enforcement in Maidencombe, Torquay, or Cockington to the High Court.
The landlord in Torbay can apply before the hearing or apply for the same during the hearing to transfer to the High Court for enforcement.
The landlord in Torbay must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
A land owner cannot apply for a transfer if the tenant in Torbay has a pending application, for instance, an appeal against the notice of possession.
However, in order to recover the pending rents a writ of control can be filed by the landlord in Torquay, Cockington, or Maidencombe, and this can be done if court costs and rent arrears exceed £600.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Torbay.
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 Devon.
The reasons why a property owner in Torbay might seek to transfer the order to the High Court for enforcement include that:
Enforcement in Torbay is normally faster through HCEOs as compared to county court bailiffs
The slow process of execution by bailiffs of county courts in Devon results in losses for landlords due to unpaid rent
Avoid further property damage in Torbay and any antisocial behaviour of the tenants
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Torbay if the money is owed
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
The eviction speed is faster and the payment of going through the HCEO is higher when compared to Devon county court bailiffs, therefore, a tenant would probably wish to avoid having their possession order enforcement in Torbay go to the High Court.
The explanations for the lease might include:
No evidence from the landlord that there will be a significant delay using the county court bailiffs in Torbay
The total expenses incurred aren't balanced
She or he wishes for additional time to find another area to settle down in Torquay, Maidencombe, or Cockington prior to moving out
The Torbay 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.
If County Court in Devon grants the application of landlord to transfer to High Court, the landlord needs to get the high court permission before the issuance of the writ of possession, except in:
Permission is also not a requirement for the possession writ issuance following the possession order breach, including a possession order that is suspended, where the breach include unpaid bills in Torbay.
When permission is obtained in the High Court to impose a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Torquay, Cockington, or Maidencombe must inform' any person in real possession' of the property of the demand.
The landlord will not be granted permission from the High Court unless notice is served to each Torbay tenant considered enough by the court.
There is no particular method for sending the notice to those in Devon.
The facts of the case will depend on what is enough notice.
If it is a sole tenant in Torbay 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.
If satisfactory notice is not provided by the landlord or he provides the court with insufficient information about the pending appeals or applications against hearings of possession, then the warrant of possession will get invalid even after execution in Torbay.
Some HCEOs in Devon try to take over the matter under section 41 of the County Court Act 1984 by applying directly to the High Court or by inappropriately using Form N293A (i.e., against tenants instead of trespassers) to circumvent the correct procedure.
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
Enforcement of a possession order in Torbay is normally faster through HCEO as compared to the county court bailiffs.
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 Torquay, Maidencombe, or Cockington.
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 Torbay know in advance of their visit regarding when they will be carrying out the writ of possession.
But if an HCEO is trying to seize goods and money due to rent arrears and costs, and take possession of the property in Torbay, they must give the tenant or creditor a seven days' notice.
The High Court in Devon can set aside or stay a writ of control or a writ of possession application.
Form N244 should be used to send the stay or set aside applications to the High Court.
If the High Court later set aside the application for writ of possession, the Torbay tenants would have to inform the HCEOs who may not be privy to it as the High Court may not have informed them.
However, another application such as to set aside the original permission order needs to be made to the County Court in Devon.
HCEOs in Torbay are commercial firms authorised by the High Court, not employees of the court.
In England and Wales, the names of authorized HCEOs are available from the HCEO's directory.
All enforcement officers in high court should adhere to the code of service.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Torbay - only if ordered by the court.
Regulations were set on 6 April 2014 to govern HCEOs and other bailiffs when seizing goods in Torbay.
According to these regulations HCEO is not allowed to:
Enter the Devon property before 6am or after 9pm unless when ordered by the court
Entering in the Torbay property when only a kid of less than 16 years of age is present inside
Remove household goods deemed essential; cookers, fridges, washing machines
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