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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 Rochester 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).
HCEOs are also called law enforcement officers, sheriffs or certified bailiffs in Rochester.
A possession warrant may be imposed in Halling, Eccles, or Chatham by the High Court if:
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 Rochester 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 property owner in Rochester applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
The decision is taken by the judge of County Court about the permission to transfer of enforcement in Eccles, Halling, or Chatham to the High Court.
In the course of hearings in county court for possession, the appeal can be made by the landlord in Rochester to move the order of possession for enforcement in high court.
The Rochester landlord needs to make an application to the county court requesting for the order be transferred to the High Court for enforcement after obtaining the possession order.
The application for transfer cannot be made if the Rochester tenant had made the appeal against the application of a landlord and they have strong points.
The landlord can also submit an application for a writ control if the client has failed to pay rent in Halling, Chatham, or Eccles, and if courts cost in addition to rents owed is more than £600.
The writ of control provides you with the authority to sell the tenant's goods after seizing them in Rochester, and in the past, this was commonly known as writ of fi fa or writ of fiery facias.
Agreements regulated by the CCA cannot be enforced outside the Kent county court, so if the debt is guided by the 1994 CCA (Consumer Credit Act), it is impossible to transfer enforcement to the High Court.
There are various grounds for a land owner in Rochester to apply for the order transfer for implementation in high court, such as:
The enforcement process in Rochester is often quicker with the HCEO's than with a county court
High losses resulting from unpaid rent due to sluggishness in implementation through the regional court bailiffs in Kent
Prevention of more damage to the property and/or behaviour that is not social in Rochester
The High court officer can seize goods in Rochester while enforcing the possession to recover money owed
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
As the eviction speed increases in Rochester and the costs of utilising a HCEO are greater compared to the bailiffs of the county court in Kent, a tenant may want to object an application for transfer to the High Court of the enforcement.
The tenant's reasons could include that:
Landlord's failure to provide evidence that there will be problems while using the county court bailiffs in Rochester
The prices are excessive and/or disproportionate
She or he wishes for additional time to find another area to settle down in Eccles, Halling, or Chatham prior to moving out
The common factors of tenants that are classed as exceptional situations that court in Rochester might consider are overdue rent, children or any relevant factors.
If the Kent county court awards the application from the property owner to transfer the possession order to the High Court, the landlord must apply for the consent of the High Court before the court issues the writ of possession, except for:
The landlord may not need permission for the issue of a writ of possession in case of the possession order breach, and it is also not required in case of a possession order that is suspended where the breach is in money non-payment in Rochester.
If the landlord in Chatham, Halling, or Eccles 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.
The high court will not give permission unless every Rochester tenant is provided with the notice and the court considers it enough.
The notice can be given in any form in Kent since there are no specific requirements.
The satisfactory notice will vary according to the case facts.
In another scenario, if in case only a sole tenant in Rochester was being aware of the case transfer to the High Court, the reminder from the landlord including terms of the court order could be enough as a 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 Rochester.
There were several HCEOs in Kent who tried to bypass the stipulated process by making an application directly to the high court to take control of the issue under section 41 or by using form N293A incorrectly that is against tenants instead of trespassers.
On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.
Enforcement of a possession order in Rochester is normally faster through HCEO as compared to the county court bailiffs.
A possession writ administration can happen just few days by a HCEO after the notice of the property owner's permission application to the High Court end, when needed, or of the issue of the writ of possession in Chatham, Eccles, or Halling.
In most cases, they do not inform the tenants of their visit in Rochester and in some other cases, they may drop off the writ of possession and come back after about two days to implement it.
HCEO must give notice of seven days when seeking possession of the property in Rochester and to seize the goods or cost to recover the overdue rent.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Kent.
Usually, they use the form N244 to make an application for stay or to set the writ of control aside.
If the court grants either the stay or set aside the application, the tenant in Rochester should inform the HCEO who may not have the updated information.
Other appeals, such as trying to set aside the original order, needs to be sent to the county court in Kent.
High Court Enforcement Officers (HCEOs) are not on the High Court's payroll but are simply commercial agencies in Rochester backed by the High Court.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
High Court Enforcement Officers (HCEOs) are bound by some codes of practice.
A possession order may not be imposed during Christmas, Sundays or Good Friday in Rochester unless court affirms.
The regulations for governing HCEOs and bailiff's actions while seizing belongings in Rochester are applicable from April 6, 2014.
According to these regulations HCEO is not allowed to:
HCEOs must not enter a Kent residential property before 6am and after 9pm, except if the court authorized that
Enter the Rochester property if there is only a child present who is aged under 16
Take essential household goods like washing machine, fridge or cooker
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