Appointment with Bailiff - Questions

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  • Appointment with Bailiff - Questions

    Hello all, am new around here. If anybody could help with questions below related to enforcement of a county court order I'd be grateful.

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? AST, sole tenant

    Q3 – What date did current TA start dd/mm/yy? 17/02/2016

    Q4 – How long was initial fixed term (6/12/24 months / other)? 6 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? Calendar month

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? 17/02/2016, protected, custodial

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). Section 8, 19/05/2017

    Q8 – Does the landlord live in the same property as the tenant? No

    Rent is in arrears from 17/02/2017, section 21 notice issued 12/04/2017, section 8 noticed issued 19/05/2017. Court hearing based on section 8 was 17/06, tenant did not attend, possession and money order issued, for the tenant to leave by 31/07/2017. Tenant still in situ pleading poverty, despite a 2011 Mercedes without finance and several bikes at the property. Request for warrant of possession with outstanding rent c 7.5k submitted to court 13/08, and appointment with bailiff set for 21/09/2017.

    My questions if anyone might help:

    1. Is the tenant able to somehow evade the bailiffs notification of eviction on 21/09? I live abroad and will encounter upheaval to return to U.K. for this appointment if he can easily avoid the eviction.
    2. The notice says reasonable force may be used, we have keys and I'm happy to enter in any way possible and repair damage later, but I understand we can't do this. If tenant does not answer the door, do we simply walk away and fix another appointment? If so, how many times might we expect to attend before we can apply for 'committal for disobedience of the court order'?
    3. The arrears and costs are greater than 5k, so as I understand it the CCB cannot enforce this and for example take his car to settle this. Is this good ground to transfer up eventually once possession of the property is gained?

    I'm not a professional landlord, and only rent out the house while abroad. I've only had bad experiences with agents, so decided to use a tenant finding service and manage with a family relative. However that still didn't weed out the professional rent dodger.

    Any advice or answers would be gratefully received.

    Many thanks,

  • #2
    1 - Not really, although they can ask the court for a further delay.

    2 - Send the relative there with the keys. The bailiffs will do the rest. Make sure they arrange for a locksmith to attend in case the tenant has changed the locks and to change them once you have possession.

    3 - The rest of the debt remains outstanding and you can instruct bailiffs to collect. They'll talk you (or your relative) though the process.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


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