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When it comes to obtaining and enforcing a possession order, landlords in Ashford have many options to choose from and ideally, applying for the same via the county court has been popular, yet, there is another viable option - the High Court Writ of Eviction.
HCEOs in Ashford are in other terms referred to as certificate bailiffs, sheriffs or law enforcement agents.
The imposition of possession order through high court is possible in Acton, Challock, or Bagham by two methods:
The Kent High Court can also enforce the possession order when the possession order's hearing was in the High Court as this process is unusual because the Ashford landlord ought to have applied to the county court except in some cases when there may be important facts of law or complicated disputes of fact, only then can the application of a possession order in a High Court can be accepted.
The landlord in Ashford specifically applies to the county court to get the process transferred into the High Court.
It is at the judgment of the county court judge to decide whether to allow the transfer of enforcement in Challock, Bagham, or Acton to the high court or not.
If the possession order is approved during the possession hearing at the county court, the Ashford landowner has the right to ask for a transfer of enforcement of the possession order to the High Court.
Once the order of possession is obtained by the Ashford landlord, he can appeal before county court and request movement of order for purposes of implementation in high court.
The landlord can't make the application if there are outstanding issues such as if the tenant in Ashford has appealed against the order.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Challock, Acton, or Bagham.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Ashford, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
If the Consumer Credit Act 1974 (CCA) regulated the debt, it could not be transferred to the High Court, as CCA regulated agreements can only be enforced in the county court in Kent.
A Ashford landlord may place a transfer request for the possession order to the High Court for enforcement for the following reasons:
Implementation in Ashford by HCEOs is usually faster than by county court bailiffs
The slow process of execution by bailiffs of county courts in Kent results in losses for landlords due to unpaid rent
To avoid continued destruction of the property in Ashford as well as antisocial behaviour
The High Court Enforcement Officer (HCEO) can enforce the possession order and seize tenants' goods in Ashford if they owe money
Immediately the county court transfers the possession order, the arrears on the judgement debt will begin to accrue interest at 8% per annum.
Not only is it more expensive to use a HCEO, eviction in Ashford is also faster with HCEOs as compared to county court bailiffs in Kent, tenants may counter an application for a transfer to the High Court for enforcement.
The reasons why a tenant can do so are:
The Ashford landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The payment involved in the process varies
The tenant needs extra time to find somewhere else to live in Acton, Bagham, or Challock
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 Ashford will consider.
In case the order transference application made by the landlord is granted by the county court in Kent, he would also have to get permission from high court before serving warrant of possession except:
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 Ashford.
The landlord in Challock, Bagham, or Acton needs to give notice of this application to everyone in possession of the premises when he/she is looking to get the order transferred to the High Court.
The High Court must not grant permission until each tenant in Ashford is given such notice as the Court considers sufficient.
The notice can be given in any form in Kent since there are no specific requirements.
The details of the case determined the duration of notice that is sufficient.
In the event that only one tenant in Ashford is involved and understands that the move to transfer the case to high court, a reminder regarding the details of the notice and application to give back ownership to the renter is considered sufficient.
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 Ashford.
It is also possible that HCEOs in Kent take the matter in their hands under section 41 of the County Court Act 1984 or by using a Form N293A incorrectly.
On March 21st 2016, the senior Master of the High Court issued a practice notice in order to put a stop to the malpractices.
Enforcement of a possession order in Ashford is normally faster through HCEO as compared to the county court bailiffs.
A writ of possession may be executed a few days following the expiration of the landlord's notice of application to the High Court, if necessary, or after the writ of possession is issued in Acton, Challock, or Bagham.
An HCEO is not compelled to inform tenants in Ashford 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.
The tenants must be served with a notice of 7 days if a High Court Enforcement Officer (HCEO) is looking to recover the possession of the Ashford property as well as the seizure of goods and money such as pending rents or any other costs.
The High Court in Kent has the authority to stay or set aside a writ of possession.
Form N244 should be used to send the stay or set aside applications to the High Court.
If the stay is issued or set aside, it is necessary that the respondent in Ashford advises the HCEO of this aspect where appropriate, since the High Court may not have notified the HCEO.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Kent.
HCEOs in Ashford aren't the employees of the court, they are actual the commercial agencies authorized by the High Court.
The names of authorized HCEOs in Wales and England permitted to carry out an execution of High Court writs are contained in the HCEO directory.
All high court enforcement officers must abide to a code of practice.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Ashford.
Regulations govern the actions of HCEOs and all other bailiffs in the seizure of goods in Ashford with effect from 6 April 2014.
Under these regulations, the HCEO is restricted from:
Enter residential property in Kent before 6 am or after 9 pm unless the Court has authorised them
Enter a premise in Ashford if the only person inside is someone under the age of 16
Remove household goods deemed essential; cookers, fridges, washing machines
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