If a landlord in Wakefield doesn't want to issue a warrant for possession order, the landlord may apply for the transfer of the order to the High Court, then, the High Court Enforcement Officer (HCEO) will enforce the order.
High Court Enforcement Officers in Wakefield are also called certificated bailiffs, Sheriffs, or enforcement agents.
A possession order can be applied in Dewsbury, Batley, or Wakefield through the High Court when:
The hearing for the possession order was in the High Court in West Yorkshire as a hearing a possession order in the High court is abnormal because, if a Wakefield landlord sues for a possession order in the High Court, the case is transferred to the county court except there are particular circumstances, like complex disputes of fact or vital points of law.
The property owner in Wakefield applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
The regional court has the jurisdiction to determine whether or not to move enforcement in Batley, Wakefield, or Dewsbury to high court.
The Wakefield property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
After the court grants a possession order, the landlord in Wakefield must apply to the county court for the transfer of the Court order to the High Court for enforcement.
An application for transfer cannot be made if there are any pending applications from the tenant in Wakefield, for example, 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 Batley, Wakefield, or Dewsbury.
A writ of control allows the landlord in Wakefield to seize and sell the tenants goods which is also known as a writ of Fieri facias or writ of fi fa.
Agreements regulated by the CCA cannot be enforced outside the West Yorkshire county court, so if the debt is guided by the 1994 CCA (Consumer Credit Act), it is impossible to transfer enforcement to the High Court.
The reasons why a property owner in Wakefield might seek to transfer the order to the High Court for enforcement include that:
Enforcement in Wakefield is normally faster through HCEOs than the bailiffs of the county court
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in West Yorkshire
Reduce the chances of further damage to the property or any other anti-social behaviour in Wakefield
The HCEO can impose the order of custody and seize the products in Wakefield if the money is due
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
As the eviction speed increases in Wakefield and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in West Yorkshire, a tenant may want to object an application for transfer to the High Court of the enforcement.
The reasons for the tenant may be:
The Wakefield property owner has not provided proof that there will be some delays when county court bailiffs are used
The payment involved in the process varies
The period of delay before eviction affords the tenant the opportunity to find another place to live in Wakefield, Dewsbury, or Batley
The present tenant situation such as if they have children or owe rent will often be relevant factors that the Court in Wakefield will take into account.
In case the county court in West Yorkshire allows the owner to move the order to the high court, the owner may require obtaining consent from high court before serving the possession writ except during:
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 Wakefield.
When a landlord in Batley, Dewsbury, or Wakefield seeks permission from the High Court in order to enforce the possession order then every tenant (everyone in actual possession) must be served with the notice of application.
If each tenant in Wakefield isn't given the notice, the High Court shouldn't grant permission.
There are no laid down rules for providing the notice in West Yorkshire.
The notice must include the fact of case; this is the vital part of the notice.
If it is a sole tenant in Wakefield 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 the landlord fails to provide enough notice or does not give all the details to the court about appeals against possession hearings or pending applications, the writ of possession can be set aside even after it has been executed in Wakefield.
Some HCEOs in West Yorkshire tried to go around the procedure that is correct by submitting an application to the High Court directly to be in charge of the matter under section 41 of the County Court Act 1984, or by using Form N293A inappropriately (i.e. against tenants instead of trespassers).
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
Generally, a possession order is normally enforced in Wakefield faster through HCEOs than bailiffs from the 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 Dewsbury, Batley, or Wakefield.
The HCEO is not expected to notify the tenants earlier of their visit in Wakefield about when they will be administering the writ of possession, although is normal for them to drop off the writ and return after 1 or two days.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Wakefield property as well as the seizure of goods and money such as pending rents or any other costs.
The West Yorkshire High Court can uphold or set aside a writ of possession, or writ of control.
You will need to complete form N244 during your application to high court.
If the court grants the application, the tenant in Wakefield must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
The applicants must make any other application to the West Yorkshire county court, for instance, to set aside the original possession order.
HCEOs in Wakefield aren't the employees of the court, they are actual the 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.
All enforcement officers of the high court need to adhere to the practice code.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Wakefield unless the court orders otherwise.
Starting from the 6th of April, 2014, certain laws were put in place to govern activities of HCEOs and bailiffs in Wakefield during seizure of tenant possessions.
The rules include the requirements that the HCEO must not:
Enter a residential property in West Yorkshire before 6:00 a.m. and after 9:00 p.m. without the court authorization
Entering a property in Wakefield with an under 16 person the only person in the property
Take vital household goods like a cooker, fridge or washing machine
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