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Another method for implementation of order of possession is requesting possession warrant from the county court and then the landlord in Maidstone will be able to apply for the order to move in high court where it can be implemented by enforcement officer of the high court (HCEO).
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Maidstone.
Often, a possession order is enforced in Ditton, Maidstone, or Coxheath in a high court under two conditions:
The possession proceeding was held in the High Court in Kent, because except under certain circumstances, such as complex disputes, this instance is uncommon because when a landowner in Maidstone requests for a notice of possession in the High Court, it is usually transferred to the county court.
If the Maidstone landowner writes to request the regional court to move the possession order to high court where it can be executed by a representative from high court.
It is the choice of the County Court judge to permit the transference of enforcement in Ditton, Coxheath, or Maidstone to the High Court.
The landlord in Maidstone can make a request whilst the county court process is in order to be transferred to the enforcement of the High Court.
Upon securing a possession warrant, the owner in Maidstone will have to appeal to the county court to recommend that the case be forwarded for compliance to the High Court.
An application for transfer cannot be made if there are any pending applications from the tenant in Maidstone, for example, an appeal against the possession order.
If there are rent arrears and the arrears are in excess of £ 600 together with any court costs, the landlord may also apply for a writ of control to recover the money owed in Maidstone, Ditton, or Coxheath.
A control letter is proof for the debtor / tenant's goods to be taken over or sold in Maidstone - this was earlier referred to as, and is still frequently called, a Fieri facias letter or a fi facias letter.
Any arrears managed by CCA (Consumer Credit Act) cannot be transferred to high court so as to be implemented attributing to the fact that CCA controlled agreements may only be implemented within the Kent county court.
There can be a number of reasons for which landlords in Maidstone can request the transference in high court for execution including the following:
Enforcement in Maidstone is quicker through HCEOs than the county court bailiffs
Delays in enforcement through County Court sheriffs in Kent can cause a loss of rental income too
Prevention of further damage to the property in Maidstone or anti-social behaviour
The HCEO has the power to implement the order of possession and seize belongings in Maidstone if money is owned
The interest accrued on debt judgement for unpaid cash currently at 8%, will increase starting from the time of order transfer.
Not only is it more expensive to use a HCEO, eviction in Maidstone 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 explanations for the lease might include:
The Maidstone landlord has failed to provide reasonable proof that there will be any significant delay using County Court bailiff
The prices are excessive and/or disproportionate
He/she needs the excess time to find somewhere else to stay in Coxheath, Ditton, or Maidstone before being evicted
Significant pending dues or children are also among these factors that will be under the Maidstone court's consideration regarding the tenant's specific condition.
After the Kent 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:
Similarly, you can continue with a breach of possession order without having to worry about the writ of possession and this also applies to the suspended possession order in Maidstone.
The moment an application to enforce a possession order has been sent to court, a property owner in Ditton, Maidstone, or Coxheath should be ready to notify each party occupying the property regarding the order application.
The High Court will not award approval except each tenant in Maidstone has such notice as the Court feels is enough.
There can be many forms of giving a notice as no particular requirement is mentioned in Kent.
The facts of the case will determine sufficient notice.
If there is only one tenant in Maidstone 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.
The writ of possession can be rejected if you failed to provide full information to the Court about pending applications or appeals, and similarly, you'd find it difficult to get the writ of possession if you failed to deliver the sufficient notice in Maidstone.
By enforcing form N293A contrary to the law, that is against tenants instead of trespassers, or by using section 41 of the 1984 County Court Act, attempts to bypass the correct process has been made by some HCEOs in Kent.
The Senior Master of the High Court (Queens Bench Division) gave out a practice not on the 21st March 2016 to stop the carelessness.
Normally, HCEOs can execute an order of possession in Maidstone more quick than the county court's bailiffs.
An HCEO has the ability to implement a possession writ within some few days following expiry of the order application by the asset owner for consent or possession writ issuance in Ditton, Maidstone, or Coxheath.
The common practice is to drop off the writ and return within a day or two, however, it is not a specific requirement by the HCEO to inform the tenants in Maidstone in the advance of their visit for the execution of the possession order.
The HCEO must give the tenant a seven days' notice if they are seeking to seize money or goods, and recover possession of the property in Maidstone.
The Kent High Court reserves the right to stay or set aside a writ of control or a writ of possession.
Applications should be submitted on Form N244 to the High Court.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Maidstone will inform the HCEO of this fact as the High Court may not have informed 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 Maidstone are commercial agencies certified by the High Court, they are not 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.
The HCEOs cannot carry out the evictions if they aren't subscribed to a code of practice.
A writ of possession cannot be implemented on a Sunday, Good Friday or Christmas Day in Maidstone, unless in the situation where the court orders so.
The actions of all other bailiffs and the HCEOs when goods are seized in Maidstone are in effect from 6 April 2014.
The HCEOs are restricted from:
Enter residential property in Kent after 9 pm or before 6 am unless stated by the court
Enter the premises in Maidstone if the only person inside is a kid aged below 16 years
Taking basic household stuff for instance refrigerator, cooker or washing machine
Based in Maidstone, working nationwide
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