When it comes to obtaining and enforcing a possession order, landlords in Tyne and Wear 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.
The HCEO is also known by other names in Tyne and Wear, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
High court may impose a possession order in Sunderland, Newcastle upon Tyne, or South Shields in 2 ways:
The possession proceeding was held in the High Court in Tyne and Wear, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Tyne and Wear requests for a notice of possession in the High Court, it is usually transferred to the county court.
The Tyne and Wear landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
The County Court judge can decide to allow the transfer of enforcement in South Shields, Newcastle upon Tyne, or Sunderland or not, that's at the judge's discretion.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Tyne and Wear to move the order of possession for enforcement in high court.
If the Tyne and Wear landlord has already got the possession order from County Court, then he can request the County Court by an application to transfer the order to the High Court for further enforcement.
Application for transfer can't be made in case there is any outstanding application from a tenant in Tyne and Wear, for example, an appeal against the order of possession.
If the court costs and other arrears make up over £600, it is at the discretion of the landlord to apply for a writ of control in order to recover the outstanding money in South Shields, Newcastle upon Tyne, or Sunderland.
Formerly and still popularly referred to as a writ of Fieri facias or writ of fi fa, a writ of control allows the tenant/debtors belongings to be seized or sold in Tyne and Wear.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in Tyne and Wear can only be enforced by the County Court.
A Tyne and Wear landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
Enforcement in Tyne and Wear by HCEO is usually faster than the county court bailiff enforcement
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in Tyne and Wear
To prevent any further dismantlement to the premises in Tyne and Wear or behaviour that is antisocial
The High court officer can seize goods in Tyne and Wear while enforcing the possession to recover money owed
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
The tenant can oppose an application to transfer enforcement in Tyne and Wear to the High Court because the costs of using a HCEO are greater than the Tyne and Wear county court bailiffs and the speed of eviction is fast in this case.
The reasons for the tenant might include:
The Tyne and Wear landlord did not provide significant evidence that shows the county court bailiffs couldn't facilitate the eviction in good time
The costs involved are not proportionate
Tennant needs some more time to find another place to live in Sunderland, Newcastle upon Tyne, or South Shields
The Tyne and Wear 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 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:
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 Tyne and Wear.
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 Sunderland, South Shields, or Newcastle upon Tyne 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 Tyne and Wear tenant considered enough by the court.
The notice can be given in any form as there is no specific requirement for it in Tyne and Wear.
The facts of the case will determine whether the notice is enough.
In the case of a sole tenant in Tyne and Wear 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.
Failure to give adequate notice or failure to provide the Court with full information on pending appeals or applications against the proceedings of possession may result in the writ of possession being set aside even after it has been executed in Tyne and Wear.
The several incidents of HCEOs in Tyne and Wear trying to divert from the specified process by giving a direct application and taking charge of matter with the wrong usage of section 41 or N293A which is in opposition to tenants rather than trespassers.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
HCEOs ensure faster enforcement of a possession order in Tyne and Wear than bailiffs in a County Court.
An execution of a writ of possession by a High Court Enforcement Officers may occur just few days once the landlord's application to the High Court is expired or of the issue of the writ of possession in South Shields, Sunderland, or Newcastle upon Tyne.
There is no law asking the HCEO to inform the tenants in Tyne and Wear in advance of its visit or when to carry out the writ of possession, and usually, they drop off the writ and return a day or two to take over the property.
In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Tyne and Wear, they must serve a 7-days notice to the leaseholder.
High court in Tyne and Wear enjoys the powers to set aside or uphold possession or control writ.
Applications can be made by filling out the N244 form while giving application to high court.
If the staying or setting aside is acquired, it is vital where necessary, that the Tyne and Wear leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
Additional applications such as an annulment of the original order of possession must be submitted to the Tyne and Wear county court.
High Court Enforcement Officers in Tyne and Wear are not employees of the court, but they are commercial agencies authorized by the high court.
The HCEO's directory consists of the names of enforcement officers in England and Wales, who are authorized by the High court for the execution of the writs.
Every high court enforcement officer must stick to the code of practices.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in Tyne and Wear - only if ordered by the court.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Tyne and Wear with effect from 6 April 2014.
According to these regulations HCEO is not allowed to:
Entering the residential premises in Tyne and Wear after 9pm or before 6am, except ordered by the court
Entering a property in Tyne and Wear if the occupant is a child younger than 16
Take important household items like a fridge, washing machine, or cooker
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