Having the county court issue a warrant of possession is an alternative to enforcing a possession order and the landlord in Watford needs to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
High Court Enforcement Officers are known as enforcement agents, certified Sheriffs, or bailiffs in Watford.
A possession order can be applied in Chorleywood, Rickmansworth, or Borehamwood through the High Court when:
The possession proceeding was held in the High Court in Hertfordshire, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Watford requests for a notice of possession in the High Court, it is usually transferred to the county court.
The landlord in Watford shall refer the possession warrant to the county court for compliance by the HCEO to the High Court.
The county court judge has to decide whether to allow the transfer of enforcement in Borehamwood, Rickmansworth, or Chorleywood to the High Court.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Watford to move the order of possession for enforcement in high court.
Following acquisition of the order, the leaseholder in Watford may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
An application for transfer cannot be made if there are any outstanding applications from the Watford 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 Chorleywood, Borehamwood, or Rickmansworth.
A writ of control provides for the sale and seizure of the tenant's goods in Watford - this was formerly known as a writ of fi fa or writ of Fieri facias.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in Hertfordshire is the one mandated with the enforcement of CCA regulated agreement.
The reasons why a landlord in Watford may request that the order be transferred for enforcement to the High Court include:
The enforcements in Watford get quicker through HCEOs as compared with the bailiffs of County Court
Delays in enforcement through County Court sheriffs in Hertfordshire can cause a loss of rental income too
Reduce the chances of further damage to the property or any other anti-social behaviour in Watford
If there are rent arrears, HCEOs are empowered to confiscate goods in Watford as well as enforce the possession order
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
The tenant can oppose an application to transfer enforcement in Watford to the High Court because the costs of using a HCEO are greater than the Hertfordshire county court bailiffs and the speed of eviction is fast in this case.
Tenants may have the following reasons to object:
The landlord in Watford may have no proof that using the county court bailiff would delay the case
The total expenses incurred aren't balanced
The tenants need extra time to get an alternative housing arrangement in Chorleywood, Borehamwood, or Rickmansworth
The Watford court's decision to challenge the order transfer may be determined by a number of factors affecting the leaseholder including in the renter has a family or owes a considerable amount of rent arrears.
In case the landlord's application to transfer is accepted, by the Hertfordshire county court, then the landlord needs to get high Court's consent before the assurance of the writ of possession unless if:
Similarly, you can continue with a breach of possession order without having to worry about the writ of possession and this also applies to the suspended possession order in Watford.
Once the landlord in Borehamwood, Chorleywood, or Rickmansworth 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.
High court may not consent until each leaseholder in Watford has been served with the order and it is satisfied.
There is no particular method for sending the notice to those in Hertfordshire.
However, it should be according to the facts of the case.
In the case of a sole tenant in Watford 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 might be enough notice.
Failure to give adequate notice, or fail to give to court full information in regard to pending appeals or applications against the proceedings of possession, may result in the writ of possession being set aside, even after it is executed in Watford.
It is also possible that HCEOs in Hertfordshire take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
The Senior Master of the High Court (Queens Bench Division) releases a practice note on 21 March 2016 to block these loopholes and stop the unfair practices.
Frequently, HCEO's enforcement of order of possession in Watford is frequently faster than the county court agents.
The execution can be done just a couple of days after the landlord's application for permission to the High Court expires or the possession writ is issued in Chorleywood, Borehamwood, or Rickmansworth.
There is no provision for a HCEO to inform tenants in Watford in advance of their visit when they will execute the possession document, although it is common practice for them to drop the letter and return one or two days later.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in Watford and seizing goods and payment in form of court costs and owed rent.
High court in Hertfordshire enjoys the powers to set aside or uphold possession or control writ.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
So, it is the responsibility of the tenant in Watford to inform HCEO if the stay is set aside or issued as the High court may not inform them.
Otherwise, other applications, including setting aside the original possession order must be made to the Hertfordshire county court.
HCEOs in Watford are commercially paid agencies given authority by the High Court and are not actual employees of the court.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
The HCEOs cannot carry out the evictions if they aren't subscribed to a code of practice.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Watford unless the court orders otherwise.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Watford are governed by some regulations.
The HCEOs are restricted from:
The HCEO mustn't enter a residential property in Hertfordshire before 6 am, or after 9 pm, without authorization from the court
Entering a property in Watford with an under 16 person the only person in the property
To take or seize the basic household goods such as cooker, fridge or washing machine
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