113 Sycamore Field 0800 246 1381

High Court Writ Eviction In Margate, Kent

How A Warrant For Possession Is Enforced By The High Court In Margate, Kent

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

When Can You Enforce A Possession Order In The High Court In Margate, Kent

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.

Applying For Enforcement Via High Court In Margate, Kent

County court determines if the enforcement in Margate, Broadstairs, or Ramsgate can be transferred to high court.

Experience our BESPOKE services with YOUR free 30-minute consultation!

At Or Before The Possession Hearing In Margate, Kent

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.

After The Possession Order Is Made In Margate In Kent

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

When An Application Cannot Be Made In Margate, Kent

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.

Reasons For A Landlord To Apply For A Transfer To The High Court In Margate, Kent

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

Reasons For A Tenant To Oppose A Transfer To The High Court In Kent's Margate

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.

High Court Permission Requirement In Kent's Margate

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:

Experience our BESPOKE services with YOUR free 30-minute consultation!

Actions Against Trespassers In Margate

There Are Mortgage Repossession Cases In Margate

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

Notice Of Application For Permission From The Landlord In Margate In Kent

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.

High Court Practice Note On Hceos In Margate In Kent

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

Notice Of Execution Of A Writ Of Possession By The Hceo In Kent's Margate

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.

Applications To Stay Or Set Aside In Margate, Kent

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.

Experience our BESPOKE services with YOUR free 30-minute consultation!

Directory Of Hceo's In Margate In Kent

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.

Code Of Conduct Or Standards In Margate, Kent

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

Denbigh Franks Eviction Services

Based in Margate, working nationwide

Get a FREE Quote

Find Out More

If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.