The other choice for enforcing a possession order by asking the county court to issue a warrant of possession is for the property owner in West Bromwich to apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in West Bromwich.
The High Court can impose a possession order in West Bromwich, Balls Hill, or Black Lake if:
High Court in West Midlands has scheduled a hearing for possession order, but it is generally not observed as a landlord in West Bromwich's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
When the West Bromwich landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
The County Court judge can decide to allow the transfer of enforcement in Black Lake, West Bromwich, or Balls Hill or not, that's at the judge's discretion.
A landlord in West Bromwich 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.
Following acquisition of the order, the leaseholder in West Bromwich may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
Application for transfer cannot be launched if made if there is a pending appeal by the tenant in West Bromwich against a 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 Balls Hill, West Bromwich, or Black Lake.
With a writ of control, the tenant's goods can be seized and sold in West Bromwich, this is otherwise known as the writ of fi fa or writ of fiery facias.
The possession order cannot be regulated to the High Court if the overdue rent is regulated by the Consumer Credit Act 1974 (CCA) because CCA regulated contracts can only be implemented by the West Midlands County Court.
A West Bromwich landlord can apply for transfer of the possession order to a High Court for the following reasons:
The enforcement in West Bromwich is normally faster via the HCEOs compared to county court bailiffs
Delays in enforcement through County Court sheriffs in West Midlands can cause a loss of rental income too
Prevention of additional property damage and/or antisocial behaviour in West Bromwich
The HCEO can both carry out the order and apprehend possessions in West Bromwich, when money is owed to the landlord
The judgement debt interest for arrears will build up from the order transfer which this currently sits at 8%.
Because the speed of eviction in West Bromwich is faster at the high court, and the cost is higher than the amount Tenant will pay when they use West Midlands county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
The tenant may cite the following reasons:
The landlord in West Bromwich may have no proof that using the county court bailiff would delay the case
The costs involved are disproportionate
The period of delay before eviction affords the tenant the opportunity to find another place to live in West Bromwich, Black Lake, or Balls Hill
Exceptional circumstances like when a tenant has children or owes a substantial amount of debt are usually important factors which would be considered by the court in West Bromwich.
If County Court in West Midlands grants the application of landlord to transfer to High Court, the landlord needs to get the high court permission before the issuance of the writ of possession, except in:
Permission is also not a requirement for the possession writ issuance following the possession order breach, including a possession order that is suspended, where the breach include unpaid bills in West Bromwich.
If the landlord in Black Lake, West Bromwich, or Balls Hill is in a possession to apply for the go ahead to enforce an order of possession in the High Court, he must ensure that all the people in actual possession of the property in question are notified.
The High Court should not permit unless each tenant in West Bromwich is given such a notice as the Court considers enough.
In West Midlands, it is not required to give the notice in a specific form.
The facts of the case will determine sufficient notice.
Once a tenant in West Bromwich already knows that there has been a transfer of the order to the High Court, a notice such as a reminder of the stipulations in the court order and a request that the tenant leaves the property may be regarded as sufficient.
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 West Bromwich.
The several incidents of HCEOs in West Midlands 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.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
Enforcement of a possession order in West Bromwich is faster through HCEOs than through the county court bailiffs.
Execution of the possession order is possible only in a few days of the expiration of the notice given by the landlord when executed by the high court or after then possession writ is issued in Balls Hill, West Bromwich, or Black Lake.
Even though it is a frequent practice for a HCEO to deliver the writ and return a day or two later, there is no need for them to let the tenants in West Bromwich know in advance of their visit regarding when they will be carrying out the writ of possession.
However, a 7-day notice must be provided by HCEOs if they would be regaining possession of the property in West Bromwich and seizing goods and payment in form of court costs and owed rent.
The High Court in West Midlands has the right to keep or set aside a letter of possession or control.
Applications should be submitted on Form N244 to the High Court.
In case, if the stay or set aside is permitted then it is significant that HCEO should be informed by the West Bromwich tenant about this, as this is quite possible that HCEO has not been informed by the High Court.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a West Midlands county court.
HCEOs in West Bromwich aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
If you need to check the names of enforcement officers in England and Wales, there is a Directory of High Court Enforcement Officers who have been authorized to execute High Court writs.
The code of conduct governs the activities of HCEOs.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in West Bromwich unless the court says so.
Since 6 April 2014, HCEOs and other bailiffs in West Bromwich have been required to operate in accordance with a set of rules.
The protocols include:
Gain access to a West Midlands residential property before 6am or past 9pm, unless authorised by the court
Enter a premise in West Bromwich if the only person inside is someone under the age of 16
Take household goods such as fridge, cooker, washing machine, and many more
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