If a landlord in Wandsworth 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.
Sheriffs, enforcement agents or certified bailiffs are different terms used for HCEOs in Wandsworth.
The imposition of possession order through high court is possible in Putney, Balham, or Battersea by two methods:
The hearing was held at the High Court in Greater London, this is unusual because if a landlord in Wandsworth applies in the High Court for a possession order, it will be transferred to the county court unless there are exceptional circumstances, such as complicated factual disputes or significant legal issues.
A landlord in Wandsworth needs to apply in a County Court for the transfer of possession order to the High Court, so the enforcement is implemented by an HCEO.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Balham, Battersea, or Putney to the high court or not.
A landlord in Wandsworth 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.
After a possession order has been served, the Wandsworth property owner have to make an application to the county court asking for the order to be transferred to the High Court for enforcement.
An application for transfer cannot be made if there are any outstanding applications from the Wandsworth tenant, For instance, if the tenant has made an appeal against the possession order.
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 Balham, Putney, or Battersea.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Wandsworth - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
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.
A Wandsworth landlord might request for a transfer of the possession order to the High Court for enforcement, for reasons including:
Enforcement in Wandsworth through the County Court bailiffs is slower than through the HCEOs
Delay in enforcement via County Court bailiff in Greater London causes rental income loss
To prevent any further dismantlement to the premises in Wandsworth or behaviour that is antisocial
The HCEO has the power to implement the order of possession and seize belongings in Wandsworth if money is owned
Right from the transfer of the order, the interest on judgement debt of arrears will accumulate which is currently at the rate of 8%.
As the eviction speed increases in Wandsworth and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Greater London, a tenant may want to object an application for transfer to the High Court of the enforcement.
These reasons include:
If a landlord has failed in providing the evidence than there will be quite a delay for using county court bailiffs in Wandsworth
The costs involved are not proportionate
She or he wishes for additional time to find another area to settle down in Battersea, Putney, or Balham prior to moving out
The tenant's specific issues, such as whether he/she has noticeable rent arrears or children, will most of the time be relevant factors the court in Wandsworth will consider.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the Greater London county court, however, they won't need the permission in:
Also, if there has been a violation of a possession order, permission may not be obtained before a writ of possession is issued, as well as in a suspended possession order where the violation includes failing to pay debts in Wandsworth.
Once the landlord in Putney, Balham, or Battersea contains a permission for enforcement of possession order from high court, he is bound to deliver notices of application to each party who is residing or using the premises.
If each tenant in Wandsworth isn't given the notice, the High Court shouldn't grant permission.
The order may be served in any format considering that there aren't specific requirements in Greater London.
The details of the case determined the duration of notice that is sufficient.
If it is a sole tenant in Wandsworth 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 has failed to provide enough notice or does not provide complete information to the court regarding pending appeals against the possession proceedings then, he may face set a side of the writ of possession even after its execution in Wandsworth.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in Greater London.
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 ensure faster enforcement of a possession order in Wandsworth than bailiffs in a County Court.
Execution of a letter of possession by a HCEO may occur only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the question of the letter of possession is given in Battersea, Putney, or Balham.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Wandsworth although it is common practice for them to drop off the writ and return a day or two later.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in Wandsworth, a seven-day notice must be issued to the tenant / creditor.
The High Court in Greater London can set aside or stay a writ of control or a writ of possession application.
All applications to the High Court must be made on form N244.
If the staying or setting aside is acquired, it is vital where necessary, that the Wandsworth leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
The applicants must make any other application to the Greater London county court, for instance, to set aside the original possession order.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Wandsworth backed by the High Court.
You can look at the Directory of High Court Enforcement Officers to see who is authorised to proceed with High Court writs in England and Wales.
Every high court enforcement officer must stick to the code of practices.
A possession writ shall not be executed on a Sunday, Good Friday or Christmas Day in Wandsworth, unless otherwise ordered by the court.
Since 6 April 2014, HCEOs and other bailiffs in Wandsworth have been required to operate in accordance with a set of rules.
According to these regulations the HCEO must not:
The HCEO mustn't enter a residential property in Greater London before 6 am, or after 9 pm, without authorization from the court
Enter the Wandsworth property if the person present is the child aged under 16
Take goods such as the washing machine, fridge, or cooker
Based in Wandsworth, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.