The landlord in Gillingham can get enforcement by high court enforcement officer by simply applying to the county court to transfer its possession order from county court to High Court which is also an alternative to possession order implementation by the issuance of the warrant of possession from the County Court.
You can also call HCEOs, certified Bailiffs or Sheriffs, and enforcement agents in Gillingham.
A possession order can be applied in Wouldham, Westfield Sole, or Gillingham through the High Court when:
When the possession hearing takes place in the Kent High Court, as this is unusual because the possession order is normally transferred to the county court when a landlord in Gillingham applies for it in the High Court, however, the hearing can take place in the High Court in some exceptional situations like important points of law or complicated disputes of fact.
The landlord in Gillingham makes an application to the county court to have the HCEO transfer the possession order to the high court for compliance.
It is at the discretion of the county court judge to approve the transfer of enforcement in Wouldham, Gillingham, or Westfield Sole to the High Court or not.
During the proceedings of a possession order in the county court, the landlord in Gillingham can plea enforcement to bed moved to the High Court.
Once the landlord in Gillingham 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.
A request for transfer may not be possible if there exists an outstanding request from a tenant in Gillingham; e.g., petition against the possession order.
If the tenant owes rent arrears and the sum of the arrears and the court costs are over £600, the landlord would be allowed to apply for a writ of control that allows him to control the money owed in Wouldham, Gillingham, or Westfield Sole.
The warrant of control, also known as writ of fi fa or writ of Fieri facias gives the landlord the power to seize and sell the assets of the debtor tenant in Gillingham.
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.
The reasons that may lead to a landlord in Gillingham asking for a transfer of the order to the High Court for enforcement include that:
The implementation in Gillingham is usually quicker when handled by HCEOs as compared to county court sheriffs
Rental income losses caused by delays in enforcement through the bailiffs of the county court in Kent
Stopping any property damage or behaviour that is anti-social in Gillingham
The HCEO is authorised to execute the possession order and seize possessions in Gillingham in case cash is owed
Right from the transfer of the order, the interest on judgement debt of arrears will accumulate which is currently at the rate of 8%.
The costs of using an HCEO for eviction in Gillingham are higher than the Kent county court bailiffs because the speed of eviction is quicker, however, a tenant may wish to oppose an application to transfer enforcement 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 Gillingham
The total costs involved are not proportionate
The tenant may require more time to look for a new play to live in Wouldham, Westfield Sole, or Gillingham before eviction takes place
The common factors of tenants that are classed as exceptional situations that court in Gillingham might consider are overdue rent, children or any relevant factors.
The landlord can only get the writ of possession issued if they have obtained the permission of the High Court and they need to get it done as soon as their application to transfer is granted by the Kent county court, however, they won't need the permission in:
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 Gillingham.
Once the permission to enforce an order of possession is sought in the high court, the landlord in Westfield Sole, Gillingham, or Wouldham will have to give notice of that application to every party in actual possession of the premises.
High Court is not allowed to permit until every tenant in Gillingham is given the notice that is deemed sufficient enough.
The notice can be given in any form as there is no specific requirement for it in Kent.
The facts of the case will depend on what is enough notice.
If it is a sole tenant in Gillingham who already knows that the case was in the high court, the Landlord can send them a reminder showing the terms of the court order and appeal that the tenant gives up possession of the rental property, is sufficient notice.
If satisfactory notice is not provided by the landlord or he provides the court with insufficient information about the pending appeals or applications against hearings of possession, then the warrant of possession will get invalid even after execution in Gillingham.
There are cases where various HCEOs in Kent trying to skip the set procedure by directly giving high court full responsibility regarding the problem as stipulated in Sec. 41 or via form N293A wrongly against leaseholders in the place of intruders.
On 21 March 2016, a practice notice was released by the Senior Master of the High Court (Queens Bench Division) to ensure that these abuses are avoided.
It is a known fact that the process is speedier in Gillingham with the HCEOs of the High court than the bailiffs of County court.
Execution of the possession order is possible only in a few days of the expiration of the notice given by the landlord when executed by the high court or after then possession writ is issued in Westfield Sole, Gillingham, or Wouldham.
The HCEO is not expected to notify the tenants earlier of their visit in Gillingham about when they will be administering the writ of possession, although is normal for them to drop off the writ and return after 1 or two days.
Where a HCEO is planning to seize good and money as well as repossess the property in Gillingham, they must prove the tenant /creditor with a 7 days' notice.
Approval or annulment of a writ of control or writ of possession is within the rights of the High Court in Kent.
You should fill form N244 when making applications to the high court.
In case the stay or set aside is granted, then it is important that, if possible, the tenant in Gillingham will inform the HCEO of this fact as the High Court may not have informed the HCEO.
The Kent county court is to set aside the original order of possession to apply for any other application.
High Court Enforcement Officers in Gillingham are not employees of the court, but they are commercial agencies authorized by the high court.
The High Court Enforcement Officers Directory contains the enforcement officers names in the United Kingdom who have been mandated to administer High Court Writs.
HCEOs are guided by a code of practice.
A writ of possession order must not be executed on a Sunday, Christmas Day, or Good Friday in Gillingham unless the Court orders otherwise.
Starting from 6 April 2014, regulations for the actions of HCEOs and all other bailiffs, when seizing goods in Gillingham came out.
Requirements state that the HCEO must not:
Entering the residential property in Kent before 6 am or after 9 pm, unless with the court's authority
Enter a premise in Gillingham if the only person inside is someone under the age of 16
To take or seize the basic household goods such as cooker, fridge or washing machine
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