Possession order/Balliffs form

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    Possession order/Balliffs form

    Had an email from my solicitor saying possession has been granted and if the tenant does not leave by June 11th then fill out the risk assessment form.

    My worry is the tenants house guest who can be threatening and a nightmare. Should I mention this guy or not? Will it effect the bailiffs if I mention it? He has a drug problem and not on the tenancy but my tenant has more or less moved him in

    #2
    As long as you never accepted rent from him no legal difference. Only fair to pre-warn bailiff who should evict everyone in property.
    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...

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      #3
      I'll wait till the day and if he's not gone I'll double check if his mate is in. He was in prison but was let out early for good behaviour but after I caught him at the property he has seemed to of disappeared. But knowing my luck he'll reappear once that order hits the door mat

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        #4
        You need to add him to the risk assessment so the bailiffs can arrange for the police to be there and to have the right number of people in attendance.

        If you don't and he turns up and causes trouble, there's every change the repossession will either be delayed waiting for the police or even postponed (because they might not turn up).
        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


          #5
          Sounds like you may have a drugs cuckoo. He will probably vanish but have a locksmith hiding round the corner with you until the.bailiffs confirm the property is empty. Get all locks changed and be careful when cleaning up the filth you will find. I was warned about booby traps ( needles in light switches etc) by the police . Who btw can do almost nothing against this, the only way to move them on is by evicting the host,.your tenant. Also be prepared to apologise to neighbours who.may not know that this kind of thing does not.speed up eviction.

          I will be out of this business when section 21 goes for this reason.

          Comment


            #6
            Yep they have been cuckooing him. Skags heads coming and going.

            I also asked my solicitor to transfer it to the high court but they say it's a waste of money and probably unlikely to get a transfer. I thought you could more or less do this as long as you pay for it?

            Comment


              #7
              your tenant will have no money (all will have been stolen/beaten/smoked/injected) so all costs will be down to you. I got refused the transfer up, although it was a relatively quick county court job ('only' four months from S21 expiry to eviction). Perhaps the rules have changed and you now have the choice?

              sorry you and the neighbours are going through this. And they say drugs are a victimless crime...

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                #8
                Solicitor has emailed and a date of the 3rd of July has been set. Can't believe how quick it was. I was truthful on the form and warned them about the house guest but hopefully it will all go smoothly. I have been a landlord since 2007 and this is the first time i've had to use the courts so just a bit nervous over it all

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                  #9
                  I don't believe it!!!!!!!!!!!!

                  The tenant has filed with the court a N244 to stay in the property and the hearing is on the 1st of July. My solicitor says the contents don't worry me and it's laughable but I should pay for him to arrange representation just incase his application is granted.

                  My worry is even if I did win will my eviction date now get moved? I just want him out. I don't get why the court are even entertaining it as the S21 and possession orders are both valid and I was given by the courts the eviction day so why are we all just wasting our time and money? On the T application he has put in box 10 what info are you relying on he has said: Council advised to stay too remain longer? Wouldn't the clerk just think this is a load of rubbish. I thought once he gets evicted he goes straight to the council for housing?

                  Comment


                    #10
                    You are assuming the council have the housing stock needed to house the victim. That hasn't been the case for decades.

                    Comment


                      #11
                      Originally posted by Raiden328i View Post
                      The tenant has filed with the court a N244 to stay in the property and the hearing is on the 1st of July. My solicitor says the contents don't worry me and it's laughable but I should pay for him to arrange representation just incase his application is granted.
                      This is fairly normal, the tenant might as well try, but it's a waste of time.

                      In theory the judge can change the possession order from the usual 14 days to a maximum of 42 (i.e. a 28 day extension), but they can only do this if there is exceptional hardship associated with the earlier date.
                      They're not going to open the case again.

                      Exceptional hardship is a high test and it's hard for a tenant to meet it - they're about to be made homeless, so it would have to have a greater impact than that and "the council told me to stay" won't get close.

                      I've never heard of it being any use to the tenant at all, and the tenant would be nuts to rely on it.
                      If the tenant owes rent, telling the court that any delay will simply increase the tenant's debt would normally be enough.

                      If bailiffs have been instructed, the tenant should talk to the council, because the council will normally try and find somewhere to avoid the tenants actually being evicted.
                      They urgently need to find somewhere for their possessions.

                      They haven't got much hope of council housing, the best they might do is get some temporary emergency accomodation.
                      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


                        #12
                        Has the cuckooing been reported to the police/crimestoppers?

                        They are pretty hot on stopping it at the moment as part of the crackdown on 'Party Lines'.

                        Comment


                          #13
                          I think you meant "County Lines".

                          Comment


                            #14
                            I know friends that have struggled to get housed by our local council but they were put up in B & B's. It's just frustrating that i've done everything right got a eviction date and now these skag heads

                            Comment


                              #15
                              Originally posted by nukecad View Post
                              Has the cuckooing been reported to the police/crimestoppers?

                              They are pretty hot on stopping it at the moment as part of the crackdown on 'Party Lines'.
                              Ha Hertfordshire police are a joke!!!! I have filmed drug deals outside the property which the police refuse to watch. I've lost count how many times I have reported dealing and using inside and outside the property. When the police invited me down the station after the main skag head attacked me in the street they said unfortunately it's my problem and they are sick of complaints of anti-social behaviour so please can you evict the tenant. I even asked the police and the local council to put a closure order on it and I said I don't care if I can't rent the place out for 6 months I want them gone and its cheaper than going to court. I even moaned at the chief of police and he didn't do anything about it. I told him just raid the place and don't worry about the door i'll pay for it. As I live next door a few residents accused me of being involved with selling drugs because how could this go on in broad daylight. T keeps offering me cash to stay and i'm telling him I don't care about the money just take your deposit and GO!!!!!

                              This is the T house guest: https://www.herts.police.uk/news-and...our-Order-2727

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