If a landlord in Woking doesn't want to issue a warrant for possession order, the landlord may apply for the transfer of the order to the High Court, then, the High Court Enforcement Officer (HCEO) will enforce the order.
HCEOs are often referred to as enforcement officers, licensed bailiffs or sheriffs in Woking.
A possession order can only be enforced in Chobham, Mayford, or Woking through the High Court when:
High Court in Surrey has scheduled a hearing for possession order, but it is generally not observed as a landlord in Woking's possession claim goes to the County Court except those cases which have any unusual situation like critical law points or complex factual disputes.
The landlord in Woking wants to have the possession order transferred to the High Court for enforcement.
Only the county court judge has the choice of transferring to the High Court for enforcement in Chobham, Mayford, or Woking or not.
If the possession order is approved during the possession hearing at the county court, the Woking landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.
The Woking landlord will need to apply to the county court requesting that the possession order be transferred to the High Court for enforcement purposes after a possession order has been obtained.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Woking tenant, such as an appeal against the possession order.
Or if the tenant has rent arrears, when coupled together with court costs come to more than £600, a landlord can apply to get a writ of control which will enable them to recoup any debited money in Mayford, Chobham, or Woking.
A writ of control provides for the sale and seizure of the tenant's goods in Woking - this was formerly known as a writ of fi fa or writ of Fieri facias.
If the debt is controlled by the (CCA) 1974 Consumer Credit Act, it cannot be transferred for enforcement to the High Court, as CCA regulated agreement can be enforced in the county court in Surrey.
If a landlord in Woking is applying for possession order transfer to the High Court for enforcement, it may be because:
Implementation in Woking by HCEOs is usually faster than by county court bailiffs
Delay in enforcement via County Court bailiff in Surrey causes rental income loss
Prevention of further damage to the property in Woking or antisocial behaviour
The HCEO can both seize goods and administer the order of possession in Woking, when there are unsettled bills
From the time of transfer, interest at a rate of 8% will be added to the judgement debt.
The tenants may object to transfer the possession to the High Court as the eviction in Woking will happen quicker and they will be liable for higher costs as opposed to Surrey county court bailiffs.
The reasons for opposing the application may differ as:
The landlord in Woking did not prove that there will be colossal delay by using the county court bailiffs
The payment involved in the process varies
S/he needs the extra time to find somewhere else to live in Chobham, Mayford, or Woking before an eviction is endorsed
Specific circumstances of the tenant, such as whether or not he/she has substantial rent arrears or children; will often be relevant factors that the court in Woking will consider.
If the Surrey 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:
In addition, permission is not required for serving the writ of possession due to a breach of a possession order and this includes suspended orders where the breach contains lack of paying money in Woking.
If the landlord in Mayford, Woking, or Chobham 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 will not give permission unless every Woking tenant is provided with the notice and the court considers it enough.
In Surrey, it is not required to give the notice in a specific form.
What is acceptable depends on the particular case in question.
If it is a sole tenant in Woking who already knows that the case was in the high court, the Landlord can send them a reminder showing the terms of the court order and appeal that the tenant gives up possession of the rental property, is sufficient notice.
Failure to provide sufficient notice means failure to provide enough information to the Court about pending applications or appeals against the proceedings, and this can lead to the writ of possession been set aside, even after its execution in Woking.
The note came on the heels of the individualized activities of HCEOs in Surrey, such as the inappropriate use of Form N293A against tenants and not trespassers, and the direct application to the High Court to take over the case on the premise of Section 41 of the County Court Act 1984.
On 21 March 2016, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
Generally, a possession order is normally enforced in Woking faster through HCEOs than bailiffs from the county court.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in Mayford, Chobham, or Woking.
An HCEO is not compelled to inform tenants in Woking before making a trip in order to implement the possession writ as no such provision is provided, but, in some cases, you may find some HCEOs sending the summons a day or 2 before a visit to the property.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Woking, they are bound to give a seven day notice to tenant.
It is possible to obtain stay or invalidation of warrant of possession or control through the high courts in Surrey.
The N244 form should be used to make applications to the High Court.
If the tenant in Woking is able to obtain the stay or set aside, he should notify the HCEO about the updated status as they may not be timely notified.
Any other application, such as setting aside the original possession order, must be placed to the county court in Surrey.
The role of commercial agencies is assigned to HCEOs in Woking and authorised by the High Court, not the Court employees.
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.
Every high court enforcement officer must stick to the code of practices.
A possession writ shouldn't be executed on specific days, such as Good Friday, on a Sunday, and on Christmas Day in Woking, unless the court has stated otherwise.
The regulations for governing HCEOs and bailiff's actions while seizing belongings in Woking are applicable from April 6, 2014.
The regulations stipulate that:
Go inside the residential property in Surrey before 6 am or after 9 pm, except the court approved it
Enter the Woking property if there is only a child present who is aged under 16
Take essential household goods like washing machine, fridge or cooker
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