A landlord in Kingston upon Thames can apply to transfer a possession order to the High Court Enforcement Office (HCEO) as an alternative to enforcing the process with a request from a county court to give a warrant possession notice.
Enforcement agents, certificated bailiffs or sheriffs are also common names for HCEOs in Kingston upon Thames.
The possession order from the High Court can occur in Stone Hill, Whiteshill, or Pucklechurch through these means:
The Greater London 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 Kingston upon Thames 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 Kingston upon Thames applies to have the order of possession transferred for enforcement to the High Court by a HCEO to the county court.
It's often the decision of the judge at the county court if the order in Stone Hill, Whiteshill, or Pucklechurch will be allowed to get transferred to the High Court.
During the county court possession proceedings, the landlord in Kingston upon Thames may request that the possession order, if made, be transferred for enforcement to the High Court.
Following acquisition of the order, the leaseholder in Kingston upon Thames may require to make application to regional court and ask that it be transferred to high court in order to be executed from there.
If there are any applications made by the Kingston upon Thames tenant, such as a possession order appeal against, an application for move cannot go through.
If there is unpaid rent, and the arrears plus any court order costs a total of over £600, the property owner may also apply for writ of control to recover the unsettled bills in Stone Hill, Whiteshill, or Pucklechurch.
Formerly and still popularly referred to as a writ of Fieri facias or writ of fi fa, a writ of control allows the tenant/debtors belongings to be seized or sold in Kingston upon Thames.
If the debt is processed by the Consumer Credit Act 1974 (CCA), then it will not be permitted to get transferred to the High Court as CCA agreements that are regulated can only be enforced in the Greater London county court.
There are certain reasons why a landlord in Kingston upon Thames can apply for a transfer of the order to the High Court for enforcement including:
Enforcement in Kingston upon Thames is usually faster by HCEOs than by county court bailiffs
Delay in enforcement via County Court bailiff in Greater London causes rental income loss
To avoid continued destruction of the property in Kingston upon Thames as well as antisocial behaviour
The HCEO is enabled to enforce the possession order and grab hold of goods of tenants in Kingston upon Thames if the money is owed
Interest, which now sits at 8%, on the debt for arrears will accumulate from the beginning of when the transfer has been ordered.
A tenant may object the transfer of application of enforcement in Kingston upon Thames to the High Court as the speed and costs of eviction by the HCEO are higher than that of County Court bailiffs in Greater London.
The reasons why a tenant can do so are:
The landlord in Kingston upon Thames may have no proof that using the county court bailiff would delay the case
The expenses in total are not proportionately divided
She or he wishes for additional time to find another area to settle down in Whiteshill, Pucklechurch, or Stone Hill prior to moving out
Finally, the tenant's condition; if unpaid rent is substantial, and a tenant has children, will form relevant factors for the decision by the county court Judge in Kingston upon Thames.
If the County Court in Greater London grants the landlord's transfer application, the writ of possession can't be issued until there is expressed permission by the High Court, and the exceptions to the rule are:
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 Kingston upon Thames.
Once the landlord in Pucklechurch, Stone Hill, or Whiteshill contains a permission for enforcement of possession order from high court, he is bound to deliver notices of application to each party who is residing or using the premises.
The landlord must also give sufficient notice to the Kingston upon Thames tenants to ensure they are aware of the transfer of the possession order to the High Court.
The notice can be given in any form in Greater London since there are no specific requirements.
Details of the suit will decide if the order is sufficient.
In the case of a sole tenant in Kingston upon Thames 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 might be enough notice.
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 Kingston upon Thames.
The several incidents of HCEOs in Greater London trying to divert from the specified process by giving a direct application and taking charge of matter with the wrong usage of section 41 or N293A which is in opposition to tenants rather than trespassers.
In order to curb these kinds of misconducts, practice notes were provided by High Court Senior Master on the 21st of March 2016.
Generally, a possession order is normally enforced in Kingston upon Thames faster through HCEOs than bailiffs from the county court.
An execution of a writ of possession by a High Court Enforcement Officers may occur just few days once the landlord's application to the High Court is expired or of the issue of the writ of possession in Stone Hill, Whiteshill, or Pucklechurch.
The HCEO is not expected to notify the tenants earlier of their visit in Kingston upon Thames 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.
If the HCEO intends seizing the tenants' goods and recover the landlord's property in Kingston upon Thames, it is imperative that a 7-day notice is given to the tenants in question.
The High Court in Greater London has the authority to stay or set aside a writ of possession.
All applications to the High Court must be made on form N244.
If stay or set aside is given, then it's important for the tenant in Kingston upon Thames to inform the HCEO themselves of these details because the High Court may not have provided them with the information.
If there is any other application, for example, setting aside the initial possession order, it must be made to a county court in Greater London.
HCEOs are known as commercial agencies powered by the High Court in Kingston upon Thames.
The Directory of HCEOs contains the names of enforcement officers in England and Wales who have been authorised to execute High Court writs.
The code of conduct governs the activities of HCEOs.
Without the court orders, warrant of possession is not allowed to be executed on the day of Christmas, Good Friday and Sundays in Kingston upon Thames.
As from 6th April 2014, there are regulations that govern the actions bailiffs and HCEOs in Kingston upon Thames when seizing tenant goods.
Under these regulations, the HCEO is restricted from:
Enter residential property in Greater London before 6 am or after 9 pm unless the Court has authorised them
Go inside the Kingston upon Thames house if the only person there is a child of 16 years of age and below
Take goods such as the washing machine, fridge, or cooker
Based in Kingston upon Thames, working nationwide
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