Another method for implementation of order of possession is requesting possession warrant from the county court and then the landlord in West Yorkshire will be able to apply for the order to move in high court where it can be implemented by enforcement officer of the high court (HCEO).
The HCEOs in West Yorkshire are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
On order of possession can be imposed in Huddersfield, Leeds, or Bradford via the high court into two ways:
Hearing in the High Court in West Yorkshire is only possible if the circumstances are dire, for example, the High Court will deal with the case if the dispute is having any exceptional circumstances, otherwise, the possession order applied for by the West Yorkshire landlord will be transferred to the County Court.
If the West Yorkshire landowner writes to request the regional court to move the possession order to high court where it can be executed by a representative from high court.
It is the choice of the County Court judge to permit the transference of enforcement in Huddersfield, Bradford, or Leeds to the High Court.
A landlord in West Yorkshire 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.
The West Yorkshire landlord needs to make an application to the county court after obtaining the possession order and in this application, they request to transfer the order to the High Court for Enforcement.
If there are any applications made by the West Yorkshire tenant, such as a possession order appeal against, an application for move cannot go through.
The landlord can also apply for a writ of control if they need to recover the rent arrears and court costs of more than £600 in Leeds, Bradford, or Huddersfield.
A control letter allows the landlord to seize the tenant or debtor's belongings in West Yorkshire, and this was formerly known as writ of Fieri facias or writ of fi fa.
Any debt that is controlled by the Consumer Credit Act (CCA), cannot be moved to the high court for execution because CCA regulated contracts can only be executed in the county court in West Yorkshire.
A West Yorkshire landlord can apply for transfer of the possession order to a High Court for the following reasons:
The enforcement in West Yorkshire is normally faster via the HCEOs compared to county court bailiffs
Losses due to non-payment of rent as a result of delays in enforcement via the county court bailiffs in West Yorkshire
Avoiding any further damage to the assets or antisocial behaviour in West Yorkshire
The HCEO can both carry out the order and apprehend possessions in West Yorkshire, when money is owed to the landlord
The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.
The tenant can oppose the application to move enforcement in West Yorkshire to the high court because the eviction is much faster and the costs of hiring a HCEO are higher than that of a county court bailiff in West Yorkshire.
The reasons why a tenant can do so are:
The landlord in West Yorkshire may have no proof that using the county court bailiff would delay the case
The costs involved are disproportionate
The tenant needs enough time to find alternative accommodation in Bradford, Leeds, or Huddersfield
The tenant needs to highlight the relevant factors the court in West Yorkshire can take into consideration such as having significant arrears or having kids.
If the West Yorkshire county court approves the landlord's order for relocation, the landlord must seek the High Court's consent before the certificate of custody is given, except 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 West Yorkshire.
When permission is obtained in the High Court to impose a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Huddersfield, Bradford, or Leeds must inform' any person in real possession' of the property of the demand.
The High Court won't grant the permission without proof that every tenant in West Yorkshire is notified of the notice.
When serving the notice, there are no set out requirements of the form in West Yorkshire.
The satisfactory notice will vary according to the case facts.
In the event that a tenant in West Yorkshire who had a case that had been transferred to the High Court was aware, a reminder from the property owner of the terms of the court order and a request that possession is considered to be sufficient 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 West Yorkshire.
Some HCEOs in West Yorkshire apply to the High Court directly to take over the case through Form N293A or Section 41, the County Court Act 1984, and they thus bypass the normal procedure.
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.
The High Court Enforcement Officers (HCEOs) have a faster method of carrying out the eviction in West Yorkshire rather than county court bailiffs.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Leeds, Bradford, or Huddersfield.
There is no provision for a HCEO to inform tenants in West Yorkshire 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.
Where a HCEO is planning to seize good and money as well as repossess the property in West Yorkshire, they must prove the tenant /creditor with a 7 days' notice.
Only the High Court in West Yorkshire has the power to stay or set aside a writ of possession, or writ of control.
Applications should be made on form N244.
If the court grants the application, the tenant in West Yorkshire must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the West Yorkshire county court.
HCEOs in West Yorkshire aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
You can research for the list of the Directory of High Court Enforcement Officers, for the enforcement officers in England and Wales who have the approval to implement High Court writs.
HCEOs pledges to a code of practice.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in West Yorkshire, unless in the situation where the court orders so.
Since 6 April 2014, HCEOs and other bailiffs in West Yorkshire have been required to operate in accordance with a set of rules.
Requirements state that the HCEO must not:
Gain access to a West Yorkshire residential property before 6am or past 9pm, unless authorised by the court
Enter a premise in West Yorkshire if the only person inside is someone under the age of 16
Take essential household goods like washing machine, fridge or cooker
Based in West Yorkshire, 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.