113 Sycamore Field 0800 246 1381

High Court Writ Eviction In Wiltshire, Wiltshire

How A Warrant For Possession Is Enforced By The High Court In Wiltshire In Wiltshire

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

When An Order Of Possession In The High Court Can Be Enforced In Wiltshire 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.

Making Application To High Court Regarding Enforcement Transfer In Wiltshire In Wiltshire

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

Before Or At The Proceedings Of Possession In Wiltshire's Wiltshire

The landlord in Wiltshire can request the possession order to be transferred to the High Court for enforcement during the county court possession proceedings.

Upon Making Of The Possession Order In Wiltshire In Wiltshire

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

When An Application Can't Be Made In Wiltshire In Wiltshire

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.

Why Can Landlords Give Applications For Transference In High Court In Wiltshire's Wiltshire

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

Reasons For Tenants' Opposition In Wiltshire's Wiltshire To The Transfer To The High Court

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.

The Requirements In Wiltshire, Wiltshire, For High Court Permission

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:

Experience our BESPOKE services with YOUR free 30-minute consultation!

Action Is Taken Against Intruders In Wiltshire

Mortgage Repossession Cases In Wiltshire

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

Landlord's Notice Of Application For Permission In Wiltshire, 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.

High Court Practice Note On Hceos In Wiltshire, 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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

Hceo's Implementation Of A Possession Order In Wiltshire In Wiltshire

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.

Applications To Stay Or Set Aside In Wiltshire, 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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

Directory Of High Court Enforcement Officers In Wiltshire In Wiltshire

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.

Standards And Conduct In Wiltshire's Wiltshire

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

Denbigh Franks Eviction Services

Based in Wiltshire, working nationwide

Get a FREE Quote

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.