One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Wiltshire can apply to send the summons to high court so that it can be worked on by an enforcement officer from high court (HCEO).
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in Wiltshire.
The imposition of possession order through high court is possible in Salisbury, Trowbridge, or Chippenham by two methods:
Hearing in the High Court in Wiltshire 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 Wiltshire landlord will be transferred to the County Court.
The landlord in Wiltshire requests the county court to transfer the possession order to the High Court for execution by an HCEO.
It's often the decision of the judge at the county court if the order in Trowbridge, Chippenham, or Salisbury will be allowed to get transferred to the High Court.
The landlord in Wiltshire can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.
The landlord in Wiltshire must apply to the County Court for the transfer of the possession order to the High Court once the order is obtained.
If there are any applications made by the Wiltshire tenant, such as a possession order appeal against, an application for move cannot go through.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Trowbridge, Salisbury, or Chippenham.
A control letter allows the landlord to seize the tenant or debtor's belongings in Wiltshire, and this was formerly known as writ of Fieri facias or writ of fi fa.
If the debt is regulated by the Consumer Credit Act 1974 (CCA) because the County Court in Wiltshire is the one mandated with the enforcement of CCA regulated agreement.
The reasons why a landlord in Wiltshire may request that the order be transferred for enforcement to the High Court include:
HCEOs enforcements in Wiltshire are faster than enforcement by bailiffs of the county court
Wiltshire County court bailiffs may indirectly cause a reduction in rental income since their enforcement takes a longer time
Prevention of additional property damage and/or antisocial behaviour in Wiltshire
HCEO has the right to enforce the possession order as well as seizing the goods in Wiltshire if there is any pending rent
Interest on the judgment debt for arrears, currently at a rate of 8 percent, will accrue from the moment the order is transferred.
HCEOs offer faster eviction speed in Wiltshire and are more expensive than the bailiffs in County Court in Wiltshire, thus, a tenant may not be comfortable with the transfer arrangement and kick against it for a wide range of reasons.
The tenant's causes can be:
The landlord in Wiltshire did not prove that there will be colossal delay by using the county court bailiffs
The total expenses incurred aren't balanced
He/she needs more time to look for another place to live in Chippenham, Salisbury, or Trowbridge before eviction
The Wiltshire 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.
If the County Court in Wiltshire grants the landlord's transfer application, the writ of possession can't be issued until there is expressed permission by the High Court, and the exceptions to the rule are:
More so, consent is not needed for giving out order of possession because of violation of an order of possession and this involves hanging orders where violation entails lack of money to pay in Wiltshire.
If permission is sought in the High Court to enforce a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Salisbury, Chippenham, or Trowbridge must notify every person in real possession of the property of the application.
Unless every occupant in Wiltshire is given the notice that the Court decides is enough, the High Court must not grant permission.
In Wiltshire, no notification in any particular form is required.
Enough notice will be decided upon the cases facts.
In the event that only one tenant in Wiltshire is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
If the landlord fails to provide enough notice or does not give all the details to the court about appeals against possession hearings or pending applications, the writ of possession can be set aside even after it has been executed in Wiltshire.
It is also possible that HCEOs in Wiltshire take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
HCEOs usually enforce a possession order in Wiltshire faster than county court bailiffs.
A writ of possession can be executed by an HCEO a couple of days after the landlord's possession notice or issue of a possession of writ has expired or the possession writ is issued in Trowbridge, Salisbury, or Chippenham.
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 Wiltshire know in advance of their visit regarding when they will be carrying out the writ of possession.
The HCEO must give the tenant a seven days' notice if they are seeking to seize money or goods, and recover possession of the property in Wiltshire.
The High Court in Wiltshire has the authority to stay or set aside a writ of possession.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Wiltshire will inform the HCEO of this fact as the High Court may not have informed the HCEO.
Additional applications such as an annulment of the original order of possession must be submitted to the Wiltshire county court.
HCEOs are known as commercial agencies powered by the High Court in Wiltshire.
All enforcement officers in England and Wales authorized by the High Court to execute writs are listed in the Directory of High Court Enforcement Officers.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Wiltshire, unless it is ordered by the court.
Regulations govern the action of HCEOs and all other bailiffs in Wiltshire while seizing goods with the effect from 6 April 2014.
The rules include the requirements that the HCEO must not:
Gain access to a Wiltshire residential property before 6am or past 9pm, unless authorised by the court
Go inside the Wiltshire house if the only person there is a child of 16 years of age and below
Take key household goods such as washing machine, fridge or cooker
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