Alternatively, to enforce an order of possession by asking the county court to give a possession warrant, the landlord in York is asked to move the order to the High Court for the (HCEO) High Court Enforcement Officer's to enforce.
High Court Enforcement Officers in York are also called certificated bailiffs, Sheriffs, or enforcement agents.
A possession warrant may be imposed in Scarborough, Bridlington, or Selby by the High Court if:
The possession hearing was in the High Court in North Yorkshire as this is unusual since if a property owner in York applies for a possession order in the High Court, it will be transferred to the County Court unless there are special cases, like complicate disagreements of fact or significant points of law.
If the owner of the property in York appeals the transfer of possession order from county to high court for HCEO implementation.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Selby, Bridlington, or Scarborough to the high court or not.
The landlord in York can make a request whilst the county court process is in order to be transferred to the enforcement of the High Court.
The York landlord needs to make an application to the county court after obtaining the possession order and in this application, they request to transfer the order to the High Court for Enforcement.
If there is an appeal against the ruling or any pending applications from the York tenant, the request by a landlord to transfer the possession order to the High court will not be approved.
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 Selby, Bridlington, or Scarborough.
The writ of control is empowering the landlord to seize and sale the tenant's goods to recover his money in York, and it is called the writ of Fieri facias or writ of fi fa.
Agreements regulated by the CCA cannot be enforced outside the North Yorkshire county court, so if the debt is guided by the 1994 CCA (Consumer Credit Act), it is impossible to transfer enforcement to the High Court.
Landlords in York may request that the order be transferred to the High Court due to reasons which include:
Enforcement in York 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 North Yorkshire
Avoiding any further damage to the assets or antisocial behaviour in York
The HCEO has the power to implement the order of possession and seize belongings in York if money is owned
However, the interest will increase at the moment of transfer on the judgment as the current rate is 8 percent.
As the eviction speed increases in York and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in North Yorkshire, a tenant may want to object an application for transfer to the High Court of the enforcement.
Tenants may have the following reasons to object:
The landlord in York has not given any proof of delays in case of usage of bailiffs from county courts
The costs of transfer of the order are too much
Tennant needs some more time to find another place to live in Bridlington, Scarborough, or Selby
Finally, the tenant's condition; if unpaid rent is substantial, and a tenant has children, will form relevant factors for the decision by the county court Judge in York.
After the North Yorkshire county court approves a landlord's transfer application, the landlord is required to request for permission from the High Court for the issue of a writ of possession can be obtained, except in cases such as:
Permission is also not needed for the issue of a writ of possession, including a suspended possession order or lack of payment following the breach of a possession order in York.
The notice of application must be delivered to every person in actual possession of the property by the landlord in Scarborough, Selby, or Bridlington 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 York tenant considered enough by the court.
In North Yorkshire, no notification in any particular form is required.
However, it should be according to the facts of the case.
If it is a sole tenant in York 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.
If a landlord fails to give sufficient notice or failure in providing important facts to the court about the pending appeals or application against the proceedings can lead it to the delay in the possession writ, even after the implementation in York.
It is also possible that HCEOs in North Yorkshire take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
The Senior Master of the High Court, through its Queens Bench Division, has issued an order to stop this malpractice.
Enforcement of a possession order in York is faster through HCEOs than through the county court bailiffs.
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 Bridlington, Selby, or Scarborough.
In most cases, they do not inform the tenants of their visit in York and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
Where a HCEO attempts to reclaim assets and resources (such as rent arrears to costs) and regain ownership of the property in York, a seven-day notice must be issued to the tenant / creditor.
The High Court in North Yorkshire has the right to keep or set aside a letter of possession or control.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
If the tenant in York 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 must be made through the North Yorkshire county court, for example, setting aside the possession order that was original.
HCEO's in York are not employed by court; however, they serve as business agencies mandated by high court.
The HCEO's directory consists of the names of enforcement officers in England and Wales, who are authorized by the High court for the execution of the writs.
HCEOs must conduct themselves to a code of practice.
A writ of possession must not be implemented on the Public holidays like Sunday, Good Friday or Christmas in York - only if ordered by the court.
New regulations governing the actions of bailiffs in York were released and made effective from April 6, 2014.
The HCEOs are restricted from:
Enter residential property in North Yorkshire after 9 pm or before 6 am unless stated by the court
Entering a property in York with an under 16 person the only person in the property
Take vital household goods like a cooker, fridge or washing machine
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