One more method executing a possession notice is simply by requesting a possession warrant from the regional court where the property holder in Wolverhampton 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 Wolverhampton.
The High Court can enforce the possession order in Ettingshall, Dunstall Hill, or Wednesfield under the following conditions:
During West Midlands high court possession hearing as the practice is uncommon considering that in case a leaseholder in Wolverhampton applies for an ownership order in the court, it may be send to the regional court unless certain conditions such as complex disagreements are involved.
If the Wolverhampton 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.
The county court judge has the authority to decide whether the enforcement in Dunstall Hill, Ettingshall, or Wednesfield should be transferred to High Court or not.
The Wolverhampton 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.
If the Wolverhampton landlord wishes to transfer the proceedings to the High Court after the possession order has been made, then they will be required to fill out an application to the county court to do so.
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 Wolverhampton.
Another scenario is recovering the debt if the overdue rent is over £600, the landlord applies for the writ of control to recover money in Wednesfield, Dunstall Hill, or Ettingshall.
The control writ offers the power to grab and auction a debtor/renter's possessions in Wolverhampton and is usually to as either fiery facias or fi fa writ.
However, the landlord can't make the transfer request if the Consumer Credit Act 1974 regulates the debt and this is because only the West Midlands County Court can enforce agreements regulated by the CCA.
If a landlord in Wolverhampton is applying for possession order transfer to the High Court for enforcement, it may be because:
The enforcement process is quicker in Wolverhampton through the HCEO than the county court bailiffs
Loss of rental income because delays in enforcement through the county court bailiffs in West Midlands
Further damage to the Wolverhampton property and anti-social behaviours are prevented
The HCEO can enforce a possession order as well as seize the goods in Wolverhampton when money is due
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
HCEOs offer faster eviction speed in Wolverhampton and are more expensive than the bailiffs in County Court in West Midlands, 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 has not given any proof that a delay will be caused if a county court bailiff is used in Wolverhampton
Court costs are expensive
Tennant needs some more time to find another place to live in Wednesfield, Dunstall Hill, or Ettingshall
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 Wolverhampton will consider.
The landlord must obtain permission from the High Court before the writ of possession is issued if the landlord's application to transfer possession order is granted by the West Midlands county court, except in:
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 Wolverhampton.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Dunstall Hill, Ettingshall, or Wednesfield when they have applied for the permission to enforce a possession order in the High court.
The landlord will not be granted permission from the High Court unless notice is served to each Wolverhampton tenant considered enough by the court.
You can simply deliver the notice in any way you want in West Midlands.
The satisfactory notice will vary according to the case facts.
In the case of a sole tenant in Wolverhampton who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession could be sufficient notification.
Failing to provide sufficient notice, or to provide full information to the Court about pending applications or court appeals against the possession proceedings, can cause writ possession to be set aside, ever after its execution in Wolverhampton.
A couple of HCEOs in West Midlands have tried to avoid the legal process by going straight to the High Court to transfer the order under the section 41 of the 1984 County Court Act, or by inappropriately using the N293A form.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
Basically, an order of ownership in Wolverhampton is usually imposed quicker via the HCEOs than the when handled by bailiffs from a regional court.
It can happen just a few days after the expiry of the notice of the landlord's application for high court permission, when needed or of the issue of the writ of possession in Wednesfield, Ettingshall, or Dunstall Hill.
HCEO does not need any requirement to notify the tenants in Wolverhampton in advance of their visit and the time they will execute the writ of possession, although it is common practice to drop off the writ and return a few days later.
Where a HCEO is planning to seize good and money as well as repossess the property in Wolverhampton, they must prove the tenant /creditor with a 7 days' notice.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in West Midlands.
Form N244 should be used to send the stay or set aside applications to the High Court.
The tenant in Wolverhampton must inform the HCEO if the stay or set aside is granted because the High Court doesn't inform the HCEO in most cases.
In case of any other request, let's say, putting aside the first order of ownership, it should be sent through a West Midlands county court.
High Court enforcement officers (HCEOs) in Wolverhampton are commercial agencies which are not employees of High court however they are authorized 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 commit to a code of practice.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Wolverhampton unless the Court orders otherwise.
Starting from the 6th of April, 2014, certain laws were put in place to govern activities of HCEOs and bailiffs in Wolverhampton during seizure of tenant possessions.
Under these regulations, HCEO has no right to:
Enter a residential property in West Midlands before 6:00 a.m. and after 9:00 p.m. without the court authorization
Entering in the Wolverhampton property when only a kid of less than 16 years of age is present inside
Seize important household items including fridges, washing machine or cooker
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