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Not only can a possession order be enforced by requesting for a warrant of possession from the county court, a landlord in Kensington can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
The HCEO is also known by other names in Kensington, such as Certified Bailiffs, Enforcement Agents, and Sheriffs.
Often, a possession order is enforced in Acton Green, Acton, or Bayswater in a high court under two conditions:
During Greater London high court possession hearing as the practice is uncommon considering that in case a leaseholder in Kensington 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.
The landlord in Kensington requests the county court to transfer the possession order to the High Court for execution by an HCEO.
It is at the county court's discretion whether to require enforcement in Acton, Acton Green, or Bayswater to be referred to the High Court.
During the proceedings of a possession order in the county court, the landlord in Kensington can plea enforcement to bed moved to the High Court.
After the possession order is acquired the landlord in Kensington will need to apply to the county court and request that the order to be moved to the high court for implementation.
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 Kensington.
The landlord could ask for a writ of control to recover the money owed in arrears by the tenant if together with court costs it is more than £600 in Acton, Acton Green, or Bayswater.
A control letter allows the landlord to seize the tenant or debtor's belongings in Kensington, and this was formerly known as writ of Fieri facias or writ of fi fa.
The possession order cannot be regulated to the High Court if the overdue rent is regulated by the Consumer Credit Act 1974 (CCA) because CCA regulated contracts can only be implemented by the Greater London County Court.
There are various grounds for a land owner in Kensington to apply for the order transfer for implementation in high court, such as:
The implementation in Kensington is usually quicker when handled by HCEOs as compared to county court sheriffs
Loss of income from the rental because of Greater London county court bailiff delays
It avoids additional anti-social activities or property destructions in Kensington
The HCEO can both seize goods and administer the order of possession in Kensington, when there are unsettled bills
Right from the transfer of the order, the interest on judgement debt of arrears will accumulate which is currently at the rate of 8%.
Usually, the process is speedy, but the cost is also higher in using HCEO for eviction in Kensington than the bailiffs of Greater London County Court so, a tenant can oppose the application to transfer the possession order to the High court.
Usually, tenants want to avoid this process because:
The landlord has not given any proof that a delay will be caused if a county court bailiff is used in Kensington
The prices are excessive and/or disproportionate
The tenant needs extra time to find somewhere else to live in Acton, Acton Green, or Bayswater
Significant pending dues or children are also among these factors that will be under the Kensington court's consideration regarding the tenant's specific condition.
In case the county court in Greater London allows the owner to move the order to the high court, the owner may require obtaining consent from high court before serving the possession writ except during:
If the possession order is breached, the writ of possession can be issued without permission, and the breach may include the suspension of a possession order, especially when rent arrears are a part of the breach in Kensington.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Acton Green, Acton, or Bayswater will have to give notice of that application to every party in actual possession of the premises.
The permission from high court cannot be granted until every tenant in Kensington receives notification and court finds it satisfactory.
You can simply deliver the notice in any way you want in Greater London.
The facts of the case will determine sufficient notice.
In the case of a sole occupant in Kensington that has had case in the High Court had acknowledged the notice, reminding them of the court order's terms and a request for possession is counted as enough notice.
In case the renter fails to give sufficient notice or fails to provide the entire information to court concerning petitions against possession proceedings or pending claims, the order of possession may be put aside although having been implemented in Kensington.
The several incidents of HCEOs in Greater London trying to divert from the specified process by giving a direct application and taking charge of matter with the wrong usage of section 41 or N293A which is in opposition to tenants rather than trespassers.
An issuance of practice note from high court through Senior Master on March 21, 2016, to avoid these malpractices in future.
Generally, a possession order is normally enforced in Kensington faster through HCEOs than bailiffs from the county court.
HCEO can execute a writ of possession within a few days after the expiry of the notice of the landlord's application to the High Court or when the possession writ is provided in Acton, Acton Green, or Bayswater.
The HCEO doesn't need to inform the tenants in Kensington about when they are going to execute the writ of possession, and the HCEOs usually drop off the writ return a day or two later.
If HCEO also claims to seize goods or money for recovering expenses, whilst repossessing the property in Kensington, they are bound to give a seven day notice to tenant.
Writ of possession or writ of control can be set aside by the High Court in Greater London.
You should fill form N244 when making applications to the high court.
If the court grants the application, the tenant in Kensington must inform the HCEO of the grant because the HCEO may not get such information from the High Court.
The applicants must make any other application to the Greater London county court, for instance, to set aside the original possession order.
HCEOs in Kensington are commercial agencies certified by the High Court, they are not employees of the court.
All enforcement officers in England and Wales authorized by the High Court to execute writs are listed in the Directory of High Court Enforcement Officers.
HCEOs are guided by a code of practice.
You must not execute a writ of possession on a Sunday, Good Friday or Christmas Day in Kensington unless the court orders otherwise.
The actions of all other bailiffs and the HCEOs when goods are seized in Kensington are in effect from 6 April 2014.
They must not:
Go inside a premise of residence in Greater London before 06:00 or after 21:00, unless the court has ordered it
Enter the Kensington property if the person present is the child aged under 16
Take household goods such as fridge, cooker, washing machine, and many more
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