Execution of Warrant of Possession - what can go wrong now?

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    Execution of Warrant of Possession - what can go wrong now?

    I am nearing the end of a long (almost a year) and expensive process of evicting my tenant due to rent arrears (see previous posts for background info: [FONT="&amp]Evicting a tenant on probation from prison[/FONT]

    https://forums.landlordzone.co.uk/forum/residential-letting-questions/1037145-evicting-a-tenant-on-probation-from-prison & After the Re-possession order - next steps.

    https://forums.landlordzone.co.uk/forum/residential-letting-questions/1055394-after-the-re-possession-order-next-steps)

    The date for the eviction has been set for 10th April 2019, however given my tenant's previous record of successfully delaying every step of the way, I'm anxious that not all will not go smoothly on the day and wonder if anyone has experience of possible delaying tactics which could be used against the bailiffs. The tenant has already successfully delayed the issuing of the warrant by appealing the Possession Order. Can she now appeal to have the warrant suspended or cancelled? Assuming her appeal is refused, could this appeal still cause a delay to the date of eviction?

    Also, I need to fill in a Bailiff Risk Assessment Questionnaire which raises questions in my mind concerning the power of the bailiffs, given that my tenant is fiercely determined not to be evicted. For example, there is a question about dogs at the property. I know the tenant has recently acquired a dog - could this cause problems? Also questions about the tenants health and mental health. At previous hearings the tenant has appealed to the court citing her mental problems and ill health including prospective knee surgery - could this deter the bailiffs? Other questions are about violence and verbal threats. I know the bailiffs can call the police, but what if the police don't attend?

    I know I may be coming across as paranoid about this, but I have suffered many disappointments throughout this process and while I realise that the law is designed to protect the innocent, I have learned to my cost that it can be manipulated by the experienced and dishonest to the detriment of the innocent (myself in this case, being the one who has been effectively made homeless since August as a result of my tenant's actions).

    #2
    Tenant is entitled to appeal to the court to delay or chuck the case out up to the time the bailiffs are walking up the front path.

    Why start a new thread ??
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      The tenant has the right to appeal, but they've now done that and there's no opportunity to repeat the process.
      It can be used as a delay, because the bailiffs may back off it the tenant claims to have appealed, so makes sure they know that there's already been such an appeal.

      The risk assessment is to help the bailiffs to attend with the right resources, so tell them about the dog.
      This is one of the things they do everyday, and they'll deal with it (including waiting for the police if things kick off).

      Make sure you have a locksmith in attendance to change all of the locks once you have possession.

      Stay out of the way on the day, so your presence doesn't make things worse.

      There's every chance that the tenant will leave belongings behind (particularly if they are in denial about the eviction).
      So video everything they leave behind, as there's a chance they'll accuse you of stealing/breaking something.

      Personally, if they do leave a lot of stuff behind, I'd put it in storage for a couple of months and tell the storage company that [tenant name] can also have access.
      Then they can be directed to collect their stuff from somewhere else and without your involvement.

      Hopefully, they'll have realised the game is finally up and leave before the 10th.
      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).

      Comment


        #4
        Thanks for the advice. Are there locksmiths that specialise in this sort of situation?

        Comment


          #5
          I'd guess most mobile locksmiths do this quite a lot.
          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).

          Comment


            #6
            Another question relating to the bailiffs eviction fees. The court fee for applying for a Warrant of Execution is £121, but because my tenant appealed the Possession Order, my application for a warrant was refused by the court, so then after the tenant's appeal was rejected, I had to pay another £121 to re-apply - it seems a bit unfair, but is that normal? Also, for the bailiffs to attend the eviction appointment, they are charging £250+VAT, but I can't find any mention of this cost on the government web site - is that also a typical cost?

            Comment


              #7
              Just to close this thread.
              After 11 months since the rent arrears started and legal/solicitors costs amounting to almost £5,000 (so much for the solicitor's original estimate of £1,500 - £2,000), the tenant finally vacated the property a couple of days before the county court bailiffs were due. So on the day of the eviction, the bailiff spent 5 minutes inspecting the property, then left. Thankfully the house was left in reasonable order although there were some large possessions left (sofa etc.) for me to have the pleasure of transporting to the local dump. The keys were left, but the locks have been changed anyway.
              The tenant's claim for UC was apparently upheld and she receives an amount which includes an allowance for HB based on the AST contracted monthly rental of £1,300. Does the fact that she hasn't paid any rent since May 2018 mean that she is committing fraud against the DWP?

              Comment


                #8
                Congratulations on gaining possession! I bet you won't be renting to a tenant on HB, payments or whatever they want to call it anytime soon?

                Yes it is fraud if tenant was on benefits for rent payment and she did not use the money for that. I don't think there is much of a penalty though.



                Freedom at the point of zero............

                Comment


                  #9
                  Before going to the dump, I hope you issued the appropriate Tort Interference with Goods Act Notices. When you went, I hope you declared its as commercial waste, for which a fee would almost certainly be payable. Landlords disposing of abandoned property do so as apart of a business so are not eligible for domestic waste concessions.

                  Comment


                    #10
                    well done on getting it back and ending this nightmare, not the first time I have heard of landlords being stiched up by lettings agents. Thats why I never use them, always meet them myself in person. Hope this doesn't put you off being a landlord as you seem like you were trying to do the right thing

                    Comment


                      #11
                      Thanks for all your posts and advice. Not sure if I'll ever trust anyone again though. The ex-tenant did not leave a forwarding address though I still have an email address to send the Tort notice to. Also, I need to action proceedings to recover the lost rent and legal costs as awarded in the Possession Order. I know I won't get this money back, but if I don't do this then the CCJ does not get registered and would not be identified against the tenants future credit checks. But how can I ask the courts to recover the costs if I don't have an address for the tenant?

                      Comment


                        #12
                        I believe your most recent address for your tenant is your property, isn't it?

                        Comment


                          #13
                          Originally posted by kennyj52 View Post
                          I still have an email address to send the Tort notice to.

                          I don't have an address for the tenant?
                          email them asking for their address so that you can forward mail to them.

                          Comment


                            #14
                            I know I'm unlikely to recover any money from the ex-tenant as she doesn't have any, but still I would like to try without expending too much more money myself. What is the cheapest method to
                            action proceedings to recover the lost rent and legal costs as awarded in the Possession Order (over £13,000)? The main aim being to get the debt logged in the register of CCJs which at this moment in time, it is not.

                            Comment

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