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High Court Writ Eviction In Dartford, Kent

How A Possession Warrant Is Enforced In Kent's Dartford By The High Court

Another way of implementing the possession order is by asking the county court to give a warrant of possession where the landlord in Dartford can make an application to move the order to the high court for implementation by a high court enforcement officer (HCEO).

HCEOs are also called law enforcement officers, sheriffs or certified bailiffs in Dartford.

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When High Court Can Implement The Possession Order In Kent's Dartford

High Court can enforce the possession order in Clement Street, Darenth, or Bean if:

If the possession hearing was conducted within high court in Kent as this however, is very rare as the possession order application by the landlord in Dartford moves automatically to the county court until obstructed by extraordinary circumstances such as complex disputes.

The landlord in Dartford wants to have the possession order transferred to the High Court for enforcement.

Applying For Enforcement Via High Court In Dartford, Kent

It is the county court judge that will determine if to transfer the enforcement in Bean, Clement Street, or Darenth to the High Court or not.

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At Or Before The Possession Hearing In Kent's Dartford

The Dartford property owner can ask during the possession proceedings of the county court that, if made, the order of possession is moved for enforcement to the High Court.

Upon Making Of The Possession Order In Dartford In Kent

Following acquisition of the order, the leaseholder in Dartford may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.

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When Applying Becomes Impossible In Dartford In Kent

If there is an appeal against the ruling or any pending applications from the Dartford tenant, the request by a landlord to transfer the possession order to the High court will not be approved.

Or if the tenant has rent arrears, when coupled together with court costs come to more than £600, a landlord can apply to get a writ of control which will enable them to recoup any debited money in Darenth, Clement Street, or Bean.

The writ of control gives the authority in Dartford to seize and sell tenant/debtor's goods and it is commonly known as a writ of fi fa or writ of Fieri facias.

The debts which come under the CCA (Act of Consumer Credit), are not transferable to high court and thus, the county court in Kent executes them as they are CCA regulated agreements.

Reasons A Landlord In Dartford, Kent, Needs To Apply For High Court Enforcement

The reasons that may lead to a landlord in Dartford asking for a transfer of the order to the High Court for enforcement include that:

Enforcement in Dartford is normally faster through HCEOs as compared to county court bailiffs

Rental income losses caused by delays in enforcement through the bailiffs of the county court in Kent

Prevention of additional property damage and/or antisocial behaviour in Dartford

If the tenant owes you money, the HCEO can seize the defaulter's goods in Dartford to recover your money as well as enforce the possession order

The interest rate on judgement, currently at 8%, for debt arrears will start accumulating exactly from order transference.

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Why The Tenant Is Against The Transfer To The High Court In Dartford In Kent

The tenant can oppose an application to transfer enforcement in Dartford to the High Court because the costs of using a HCEO are greater than the Kent county court bailiffs and the speed of eviction is fast in this case.

The reasons for the tenant may be:

The Dartford property owner has not provided proof that there will be some delays when county court bailiffs are used

The costs involved are too high

The period of delay before eviction affords the tenant the opportunity to find another place to live in Bean, Darenth, or Clement Street

The court in Dartford can also consider the tenants' opposition on the grounds of having vulnerable children and not owing significant rent arrears.

High Court Permission Requirement In Dartford, Kent

If the property owner's application to transfer is allowed by the Kent county court, the landlord must acquire the permission of the High Court before the writ of possession is issued, except in:

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Actions Against Trespassers In Dartford

Mortgage Repossession Cases In Dartford

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 Dartford.

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Landlord's Notice Of Application For Permission In Dartford In Kent

When permission is sought in the High Court to enforce a possession order (i.e. except in actions against trespassers and cases of mortgage repossession), the property owner in Darenth, Clement Street, or Bean is to give notice of the application to 'every person in actual possession' of the property.

Permission must not be granted by the High Court except each tenant in Dartford is provided with the notice in the timeframe that is deemed sufficient by the Court.

The notice can be given in any form in Kent since there are no specific requirements.

However, it should be according to the facts of the case.

In the case of a sole tenant in Dartford who knew the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request to give up possession could be sufficient notification.

Failure to provide sufficient notice means failure to provide enough information to the Court about pending applications or appeals against the proceedings, and this can lead to the writ of possession been set aside, even after its execution in Dartford.

High Court Practice Note On Hceos In Dartford In Kent

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.

On 21st March 2016, the Queens Bench Division (High Court's Senior Master) ascertained a practice note to avoid misconduct.

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Hceo's Notice Of A Possession Writ Execution In Dartford In Kent

Like we said earlier, Enforcement of a possession order in Dartford is quicker through HCEOs than the county court bailiffs.

The HCEO can execute the writ of possession right after a few days of expiry of the notice of the landlord's application for permission to the High court, or when the writ of possession is issued in Bean, Darenth, or Clement Street.

There is no requirement for a HCEO to notify tenants in Dartford in advance of their visit when they will execute the possession letter, although it is common practice for them to drop the letter and return one or two days later.

In situations where an HCEO wants to seize cash and possessions to cater for the expenses and the money owed and retrieving the property's items in Dartford, they must serve a 7-days notice to the leaseholder.

Applications To Stay Or Set Aside In Kent's Dartford

The Kent High Court can uphold or set aside a writ of possession, or writ of control.

Applications should be submitted on Form N244 to the High Court.

If the tenant in Dartford is able to obtain the stay or set aside, he should notify the HCEO about the updated status as they may not be timely notified.

Otherwise, other applications, including setting aside the original possession order must be made to the Kent county court.

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Hceo's Directory In Kent's Dartford

HCEOs in Dartford are High Court-approved private companies and not court workers.

Around England and Wales, the HCEO directory contains all enforcement officers' names with powers to enforce writs from high courts.

Standards And Conduct In Dartford, Kent

Every high court enforcement officer must stick to the code of practices.

A possession writ shall not be executed on a Sunday, Good Friday or Christmas Day in Dartford, unless otherwise ordered by the court.

The regulations for governing HCEOs and bailiff's actions while seizing belongings in Dartford are applicable from April 6, 2014.

The protocols include:

Entering the residential premises in Kent after 9pm or before 6am, except ordered by the court

Enter if a child under the age of 16 is the only person present in Dartford

Taking basic household stuff for instance refrigerator, cooker or washing machine

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