The landlord in Worthing can get the possession order transferred to the High Court for enforcement by requesting the county court to issue a warrant of possession, and in this situation, the High Court Enforcement Officer enforces the order.
HCEOs are also called law enforcement officers, sheriffs or certified bailiffs in Worthing.
You can enforce possession order in Worthing, Shoreham-By-Sea, or Steyning through the High Court when:
During West sussex high court possession hearing as the practice is uncommon considering that in case a leaseholder in Worthing 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.
When the Worthing landlord applies to the county court seeking to transfer the possession order to the High Court for onward enforcement by the High Court Enforcement Officer (HCEO).
Only the county court judge has the choice of transferring to the High Court for enforcement in Shoreham-By-Sea, Steyning, or Worthing or not.
The Worthing property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.
Following acquisition of the order, the leaseholder in Worthing may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
The inability to make the possession order application at the county court can be influenced by an outstanding application from the Worthing tenant, such as an appeal against the possession order.
If there is unpaid rent, and the arrears plus any court order costs a total of over £600, the property owner may also apply for writ of control to recover the unsettled bills in Steyning, Shoreham-By-Sea, or Worthing.
It gives an owner a chance for seizure and sale of the things owned by the tenant in Worthing and the writ is also known as a writ of Fieri facias or writ of fi fa.
The debt cannot be transferred to the High Court for Enforcement if it's regulated by the Consumer Credit Act 1974 as CCA regulated agreements in West sussex can only be enforced by the County Court.
These are some reasons a landlord in Worthing could apply for a transfer to the High Court including:
Enforcement in Worthing is usually faster by HCEOs than by county court bailiffs
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in West sussex
Stopping any property damage or behaviour that is anti-social in Worthing
When the tenant owes money, the HCEO will enforce the order of possession and take goods in Worthing too
At the time of transfer, the interest rate will be added to the judgement debt at the rate of 8%.
Because the speed of eviction in Worthing is faster at the high court, and the cost is higher than the amount Tenant will pay when they use West sussex county court Bailiffs, a tenant may oppose the transfer of the enforcement to the High court.
This may be because:
The landlord in Worthing hasn't provided proper evidence that a delay will result from using county court bailiffs
The payment involved in the process varies
They need extra time to find a place before eviction in Worthing, Steyning, or Shoreham-By-Sea
Extenuating circumstances such as children or rent arrears may play a major role in the court in Worthing when considered by the judge.
If the application of the landlord to switch is given the green light by the West sussex county court, then, before having a writ of possession issued, the landlord needs to get permission from the High Court first, except in these circumstances:
Permission is also not a requirement for the possession writ issuance following the possession order breach, including a possession order that is suspended, where the breach include unpaid bills in Worthing.
When permission is obtained in the High Court to impose a possession order (i.e., except in cases of mortgage repossession and actions against trespassers), the landlord in Shoreham-By-Sea, Steyning, or Worthing must inform' any person in real possession' of the property of the demand.
The permission from high court cannot be granted until every tenant in Worthing receives notification and court finds it satisfactory.
The notice can be given in any form in West sussex since there are no specific requirements.
Dependent on the facts of the case, is what is sufficient notice.
If there is only one tenant in Worthing in the property who is already aware that the case has been transferred to the High Court, in this case, a reminder of the terms of the court order from the landlord and a request that possession is given up can be considered sufficient notice.
Failing to provide good enough notice or failing to give the full details to the Court about current appeals or applications not in favour of the process, can waver the writ of possession process, even if it's been executed in Worthing.
Some HCEOs in West sussex 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.
On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.
Like we said earlier, Enforcement of a possession order in Worthing is quicker through HCEOs than the 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 Steyning, Worthing, or Shoreham-By-Sea.
The visit of HCEO about the execution of the writ of possession does not require to be notified to the tenant in Worthing although it is common practice for them to drop off the writ and return a day or two later.
However, the HCEO needs to give a seven days' notice to the tenant where they need to seize goods and money while recovering possession of the property in Worthing.
The high court in West sussex has the authority to either set aside or to stay the writ of possession or writ of control.
Applications should be made on form N244.
If the court grants the application, the tenant in Worthing must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the West sussex county court.
HCEOs in Worthing are commercially paid agencies given authority by the High Court and are not actual employees of the court.
In England and Wales, names of the enforcement officers authorised to execute High Court writs are contained in the Directory of High Court Enforcement Officers.
HCEOs must conduct themselves to a code of practice.
According to that code of conduct writ of possession cannot be executed on Sunday, Good Friday or Christmas Day in Worthing until unless the court orders otherwise.
Starting from April 6, 2014, the activities of the HCEOs and other bailiffs in Worthing are governed by some regulations.
They must not:
The HCEO mustn't enter a residential property in West sussex before 6 am, or after 9 pm, without authorization from the court
Enter if the only person present in the house in Worthing is a child under the age of 16
Seize essential household items, such as washing machine and cooker
Based in Worthing, working nationwide
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.