Enforcement of possession orders by writs of possession in the High Court

How a possession order is implemented by a High Court writ of ownership.

As a choice to enforcing a possession order by applying for a warrant of property in the Area Court, the proprietor may put on move the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).

HCEOs are likewise described as enforcement agents, certificated bailiffs or Sherriffs.

When a property order can be imposed in the High Court

A possession order can be applied in the High Court when:

the possession hearing remained in the High Court. This is uncommon due to the fact that if a property manager gets a possession order in the High Court, it will be moved to the Region Court unless there are extraordinary conditions, such as difficult disputes of truth or vital points of law
the property owner puts on the Area Court to have the ownership order transferred to the High Court for enforcement by an HCEO

Application for transfer of enforcement to High Court

The Region Court judge has discernment whether to allow the transfer of enforcement to High Court. [3]
The property owner can request the transfer:

throughout possession proceedings in the County Court
after a belongings order has been acquired, by making an application to the Area Court.

From 20 September 2020, if the residential property is within the area of a District Windows registry as well as the property manager obtains a transfer to High Court, after that, unless the County Court guides or else, the situation will be transferred to the District Computer system registry.
When an application can not be made

if there are any kind of superior applications from the tenant, such as a charm versus the property order, an application for transfer can not be made.

High Court enforcement and also rent out debts

If lease financial obligations along with any court sets you back complete over ₤ 600, the property manager may likewise get a writ of control to recuperate the cash owed.
A writ of control offers the seizure and sale of the debtor goods. This was formerly known as, as well as is still generally described, as a writ of fieri facias or writ of fi fa.

Interest, presently at the rate of 8 percent, on the judgment debt for defaults will certainly accrue from the minute of the transfer of the order.

Reasons for a proprietor to obtain a transfer to the High Court

A landlord might request a transfer of the order to the High Court because:

enforcement in High Court is usually quicker
delays in County Court enforcement might result in boosting rental fee financial obligations, more damages to the residential property and/or anti-social behavior
when cash is owed, the HCEO can both apply the belongings order as well as confiscate products.

Factors for a tenant to oppose a transfer to the High Court

The lessee’s factors for opposing High Court enforcement could include:

lack of evidence that Region Court enforcement would certainly create a significant hold-up
overmuch high prices
calling for even more time to locate somewhere else to live prior to eviction.

The lessee’s particular conditions, such as whether they have substantial lease financial obligations or kids, will typically matter variables the court will take into account.