If a landlord in Waltham Forest 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.
The HCEOs in Waltham Forest are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
The high court has the authority to impose the order of possession in Stratford, Buckhurst Hill, or Walthamstow if:
When the possession hearing takes place in the Greater London High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Waltham Forest applies for it in the High Court, however, the hearing can take place in the High Court in some exceptional situations like important points of law or complicated disputes of fact.
The property owner in Waltham Forest applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
The transfer of enforcement in Walthamstow, Stratford, or Buckhurst Hill to the high court is determined by the judge of the county court.
During the County Court possession proceedings, the landlord in Waltham Forest can request for the transfer of the possession order to the High Court for enforcement.
Following the approval of the possession order, the landlord in Waltham Forest is required to apply to the county court for a transfer of enforcement of the possession order to the High Court.
You cannot make an application when there is an outstanding appeal from the tenant in Waltham Forest, like an application to close the possession order.
Or if the tenant has rent arrears, when coupled together with court costs come to more than £600, a landlord can apply to get a writ of control which will enable them to recoup any debited money in Buckhurst Hill, Walthamstow, or Stratford.
A writ of control provides for the sale and seizure of the tenant's goods in Waltham Forest - this was formerly known as a writ of fi fa or writ of Fieri facias.
Any arrears managed by CCA (Consumer Credit Act) cannot be transferred to high court so as to be implemented attributing to the fact that CCA controlled agreements may only be implemented within the Greater London county court.
These are some reasons a landlord in Waltham Forest could apply for a transfer to the High Court including:
Enforcement in Waltham Forest is normally faster through HCEOs than the bailiffs of the county court
The slow process of execution by bailiffs of county courts in Greater London results in losses for landlords due to unpaid rent
Prevent the expedition of property destruction in Waltham Forest or anti-social actions
If the tenant owes you money, the HCEO can seize the defaulter's goods in Waltham Forest to recover your money as well as enforce the possession order
An interest rate of 8% will be accrued for judgement debt arrears from the start of the order transfer.
The renter may decide to challenge the request to transfer enforcement in Waltham Forest to high court considering that eviction is quicker and hiring an HCEO is costly compared to the Greater London county court bailiff.
The reasons include but not limited to:
The Waltham Forest property owner has not provided proof that there will be some delays when county court bailiffs are used
The total expenses incurred aren't balanced
The period of delay before eviction affords the tenant the opportunity to find another place to live in Stratford, Buckhurst Hill, or Walthamstow
The tenant needs to highlight the relevant factors the court in Waltham Forest can take into consideration such as having significant arrears or having kids.
If the County Court in Greater London grants the landlord's transfer application, the writ of possession can't be issued until there is expressed permission by the High Court, and the exceptions to the rule are:
If the possession order is breached, the writ of possession can be issued without permission, and the breach may include the suspension of a possession order, especially when rent arrears are a part of the breach in Waltham Forest.
When planning to request for permission for a possession order to be transferred to the High Court for enforcement (excluding cases such as mortgage repossession cases and cases against trespassers, the landlord in Stratford, Buckhurst Hill, or Walthamstow is required to provide the current inhabitants of the property with a notice of application.
Permission must not be granted by the High Court except each tenant in Waltham Forest is provided with the notice in the timeframe that is deemed sufficient by the Court.
There is no specific requirement of notice to be served in a set form in Greater London.
Dependent on the facts of the case, is what is sufficient notice.
In the event that only one tenant in Waltham Forest is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
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 Waltham Forest.
Some HCEOs in Greater London 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).
On 21 March 2016, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
HCEOs usually enforce a possession order in Waltham Forest faster than county court bailiffs.
It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in Walthamstow, Buckhurst Hill, or Stratford.
The HCEO doesn't need to inform the tenants in Waltham Forest 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.
The HCEO must give a tenant or creditor a seven day's prior notice when seeking to seize money or goods such as hearing costs and rent arrears and when seeking to repossess a property in Waltham Forest.
It is possible to obtain stay or invalidation of warrant of possession or control through the high courts in Greater London.
You should fill form N244 when making applications to the high court.
If the stay is issued or set aside, it is necessary that the respondent in Waltham Forest advises the HCEO of this aspect where appropriate, since the High Court may not have notified the HCEO.
Any other application must be made through the Greater London county court, for example, setting aside the possession order that was original.
HCEO's in Waltham Forest are not employed by court; however, they serve as business agencies mandated by high court.
In Wales and England, the directory of HCEO's has names of all enforcement officers who are authorized to enforce high court writs.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Waltham Forest unless the court says so.
Regulations govern the activities of HCEOs and all other bailiffs in Waltham Forest with effect from 6 April 2014.
The laws require that an HCEO should not:
The time of entering the Greater London residential property is before 6 am or after 9 pm unless authorized otherwise by the court
Enter if the only person present in the house in Waltham Forest is a child under the age of 16
Seizing essential domestic equipment such as washing machine, fridge, or cooker
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