A possession order can be forced by asking for a possession warrant from the county court and landlords in Weston Super Mare can also apply in high court to transfer the order and enforce the order by the (HCEO) High Court Enforcement Officer.
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Weston Super Mare.
The imposition of possession order through high court is possible in Weston-super-Mare, Cheddar, or Hythe by two methods:
When the possession hearing takes place in the Somerset High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Weston Super Mare 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 Weston Super Mare landlord seeks permission from County Court for transferring its possession order to the High Court in order to get enforcement by HCEO.
It is at the discretion of the county court judge to approve the transfer of enforcement in Cheddar, Weston-super-Mare, or Hythe to the High Court or not.
The Weston Super Mare landlord can plead during the county court possession hearing that if the court awards judgement in his favour, it should transfer the enforcement to the High Court.
After the court grants a possession order, the landlord in Weston Super Mare must apply to the county court for the transfer of the Court order to the High Court for enforcement.
The landlord cannot apply for high court transfer in case of any outstanding application such as if the appeal against the possession order is filed by the tenant in Weston Super Mare.
If there are rent arrears and the arrears are in excess of £ 600 together with any court costs, the landlord may also apply for a writ of control to recover the money owed in Weston-super-Mare, Hythe, or Cheddar.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Weston Super Mare, and in the past, this was commonly known as 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 Somerset County Court.
These are some reasons a landlord in Weston Super Mare could apply for a transfer to the High Court including:
Enforcement in Weston Super Mare is quicker through HCEOs than the county court bailiffs
Loss of income from the rental because of Somerset county court bailiff delays
Stopping any property damage or behaviour that is anti-social in Weston Super Mare
If the tenant owes you money, the HCEO can seize the defaulter's goods in Weston Super Mare to recover your money as well as enforce the possession order
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
Not only is it more expensive to use a HCEO, eviction in Weston Super Mare is also faster with HCEOs as compared to county court bailiffs in Somerset, tenants may counter an application for a transfer to the High Court for enforcement.
The reasons for opposing the application may differ as:
No evidence from the landlord that there will be a significant delay using the county court bailiffs in Weston Super Mare
The costs involved are disproportionate
He/she is looking for some extra time to find a place to stay in Weston-super-Mare, Cheddar, or Hythe before vacating
The Weston Super Mare 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 order transference application made by the landlord is granted by the county court in Somerset, he would also have to get permission from high court before serving warrant of possession except:
Also, permission is not required for issuing a possession writ following a possession order infringement, including a possession order that is suspended, where the infringement involves non-payment of money in Weston Super Mare.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Weston-super-Mare, Cheddar, or Hythe when they have applied for the permission to enforce a possession order in the High court.
The landlord must also give sufficient notice to the Weston Super Mare tenants to ensure they are aware of the transfer of the possession order to the High Court.
The order may be served in any format considering that there aren't specific requirements in Somerset.
The details of the case determined the duration of notice that is sufficient.
In the case of a sole occupant in Weston Super Mare that has had case in the High Court had acknowledged the notice, reminding them of the court order's terms and a request for possession is counted as 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 Weston Super Mare.
Some HCEOs in Somerset apply directly to the High Court to take over the matter in the struggle of circumventing the correct procedure. It can be carried out under section 41 of the County Court Act 1984.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
HCEOs usually enforce a possession order in Weston Super Mare faster than county court bailiffs.
An execution of a writ of possession by a High Court Enforcement Officers may occur just few days once the landlord's application to the High Court is expired or of the issue of the writ of possession in Cheddar, Hythe, or Weston-super-Mare.
There is no need to give notice to the tenants in Weston Super Mare about the HCEO visit for writ execution but it is common practice to deliver writ a couple of days before the visit.
Where a HCEO is planning to seize good and money as well as repossess the property in Weston Super Mare, they must prove the tenant /creditor with a 7 days' notice.
The High Court in Somerset has the authority to stay or set aside a writ of possession.
Applications to the High Court are made through from N244.
If the annulment or approval is granted, it is required, if possible, that the HCEO is informed by the tenant in Weston Super Mare because the HCEO may not have received this notice from 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 Somerset county court.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Weston Super Mare backed by the High Court.
Therefore, you need to go through the Directory of High Court Enforcement Officers to see those that are commissioned to carry out the task in your jurisdiction.
HCEOs are guided by a code of practice.
A writ of possession cannot be enforced on Christmas Day, Good Friday or Sundays in Weston Super Mare unless the court says so.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Weston Super Mare are governed by some regulations.
The regulations have requirements that a HCEO must not:
Entering the residential premises in Somerset after 9pm or before 6am, except ordered by the court
Entering a property in Weston Super Mare with an under 16 person the only person in the property
Take important household items like a fridge, washing machine, or cooker
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