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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 Margate can also request that the order be transferred to the High Court to be enforced by the HCEO (High Court Enforcement Officer).
The HCEOs in Margate are otherwise known as certificated bailiffs, enforcement agents, or Sheriffs.
A possession warrant may be imposed in Margate, Ramsgate, or Broadstairs by the High Court if:
During Kent high court possession hearing as the practice is uncommon considering that in case a leaseholder in Margate 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 Margate requests the county court to transfer the possession order to the High Court for execution by an HCEO.
County court determines if the enforcement in Margate, Broadstairs, or Ramsgate can be transferred to high court.
During the County Court possession proceedings, the landlord in Margate can request for the transfer of the possession order to the High Court for enforcement.
Once the landlord in Margate obtains the possession order, he/she will be required to apply to the County Court for the transfer of it to the High Court for enforcement.
The application for transfer cannot be made if the Margate tenant had made the appeal against the application of a landlord and they have strong points.
However, in order to recover the pending rents a writ of control can be filed by the landlord in Ramsgate, Broadstairs, or Margate, and this can be done if court costs and rent arrears exceed £600.
With a writ of control, the tenant's goods can be seized and sold in Margate, this is otherwise known as the writ of fi fa or writ of fiery facias.
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 are certain reasons why a landlord in Margate can apply for a transfer of the order to the High Court for enforcement including:
The enforcement process is quicker in Margate through the HCEO than the county court bailiffs
Lost rental income as a result in enforcement delays when dealing with the county court bailiffs in Kent
Prevention of further damage to the property in Margate or anti-social behaviour
The HCEO can both seize goods and administer the order of possession in Margate, when there are unsettled bills
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
Not only is it more expensive to use a HCEO, eviction in Margate 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.
These reasons include:
The landlord in Margate may have no proof that using the county court bailiff would delay the case
Court costs are expensive
Tennant needs some more time to find another place to live in Ramsgate, Margate, or Broadstairs
The tenant needs to highlight the relevant factors the court in Margate can take into consideration such as having significant arrears or having kids.
If the landlord's request to transfer the possession order to the High Court is granted by the Kent county court, the landlord would then have to obtain the permission of the High Court ahead of the issuance of the writ of eviction, except in:
In addition, permission is not required for serving the writ of possession due to a breach of a possession order and this includes suspended orders where the breach contains lack of paying money in Margate.
If the landlord in Broadstairs, Margate, or Ramsgate is in a possession to apply for the go ahead to enforce an order of possession in the High Court, he must ensure that all the people in actual possession of the property in question are notified.
Permission must not be granted by the High Court except each tenant in Margate is provided with the notice in the timeframe that is deemed sufficient by the Court.
There can be many forms of giving a notice as no particular requirement is mentioned in Kent.
The facts of the case will help with determining the sufficient notice.
If it involves a sole tenant in Margate who knew that the case had been moved to the high court, a reminder from the renter about the particulars of the order and a request to return possession is considered enough 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 Margate.
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.
So, to stop these malpractices, a senior Master of the High Court (Queens Bench Division) issued a practice note to avoid these unfair practices.
Frequently, HCEO's enforcement of order of possession in Margate is frequently faster than the county court agents.
Execution of a letter of possession by a HCEO may occur only a few days after the expiry of the notice of the landlord's request for permission to the High Court, if necessary, or the question of the letter of possession is given in Ramsgate, Margate, or Broadstairs.
In most cases, they do not inform the tenants of their visit in Margate and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
The HCEO must give a tenant or creditor a seven day's prior notice when seeking to seize money or goods such as hearing costs and rent arrears and when seeking to repossess a property in Margate.
Only the High Court in Kent has the power to stay or set aside a writ of possession, or writ of control.
Applications can be made by filling out the N244 form while giving application to high court.
If the staying or setting aside is acquired, it is vital where necessary, that the Margate leaseholder informs the HCEO regarding the condition as high court may not have informed the HCEO.
If there is any other application, like the question to set aside the possession order that is original, you must make it to the Kent county court.
The High Court authorizes the HCEOs as commercial agencies in Margate, thus, they are not on the court's payroll.
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.
For example, a possession of writ cannot be carried out on a Sunday, a Good Friday, or on Christmas Day in Margate, unless it is ordered by the court.
New regulations governing the actions of bailiffs in Margate were released and made effective from April 6, 2014.
Under these regulations, HCEO has no right to:
The HCEO mustn't enter a residential property in Kent before 6 am, or after 9 pm, without authorization from the court
Entering a property in Margate if the occupant is a child younger than 16
Take vital household goods like a cooker, fridge or washing machine
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