Possession order/Balliffs form

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  • Raiden328i
    started a topic Possession order/Balliffs form

    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

  • DPT57
    replied
    I think you should find a different tenant referencing company

    Leave a comment:


  • Raiden328i
    replied
    I feel really sick now just thinking about it. Had a call from the cleaners and they have scrubbed the place but they said under all the dirt in the place was blood splatter from floor to ceiling in the whole flat. I guess from the junkies injecting. Seriously disgusting

    Leave a comment:


  • Raiden328i
    replied
    I've got pictures from the neighbors which I'll keep hold of, of him loading up the van.

    Everyone was in shock and celebrating

    Leave a comment:


  • mariner
    replied
    IMO do not accept his implied Surender & retake possession until end of current rental period so rent remains due. Then sue him for missing rent & Solic fees,
    Howeve, if you did not protect the deposit within 30 days of start of T, expect to Rx a claim for non protection of 1-3x deposit.

    Leave a comment:


  • DPT57
    replied
    And confirm with him in writing (if possible) the content of the conversation and that you now accept possession of the property. Ask neighbours to sign a witness statement.

    Leave a comment:


  • jpkeates
    replied
    Excellent news!

    First thing to do is retake possession and change the locks.

    You have to make reasonable efforts to return the goods (reasonable depends on the value) and then you can dispose of them.

    Leave a comment:


  • Raiden328i
    replied
    Hmm don't know if I should laugh or cry but the tenant up and left yesterday while I was at work.

    Keys left in both doors and I got a phone call from him saying I've found a place and I'm going. Neighbors said he pulled up in a van loaded up gear and drove off. But a lot of stuff like a sofa etc left behind.

    I'll speak to the lawyers on Monday but I guess by law I can't just chuck his stuff? The flat is nasty and I've found used needles in the place but at least he is gone

    Leave a comment:


  • jpkeates
    replied
    Blimey, that's the first time I've ever heard of a judge actually extending the deadline (not the first to get the dates wrong though).

    But there isn't a next time, as far as I know, 42 days is the maximum possible without overturning the possession order entirely.

    Leave a comment:


  • Raiden328i
    replied
    OK well got the report and the judge is an idiot and my lawyer did fight my corner and is in shock.

    Tenant said he didn't get the S21, possession order and has been paying rent. The first 2 points he could prove the T had received the paperwork and then he asked for proof he gave me rent which he could not.

    He also told the judge about him getting the dates wrong but the judge was having none of it. T also said about me not protecting his deposit which is true along with not giving him the gas safety cert etc but my lawyer could prove that now everything was in order when the S21 was issued which then the judge was happy with and that the T banked the cheque I gave him back in Dec and that the judge needs to check his records and again judge agreed I was in the right. Also something about the deregulation act but again my lawyer was in the right and proved it.

    After the T knew the game was up he then gave a story about being an old man and that the judge needs to feel sorry for him and that I am an evil landlord which he bought. The eviction specialist said trust me he won't win next time

    Leave a comment:


  • Raiden328i
    replied
    When I got home last night my wife said the tenant was gloating at her about it. I've heard nothing still from my solicitor but according to the T he told the judge he is paying rent so I don't need to go. And he also said this is the 5th time a landlord has taken him to court to evict him so I know how to drag this out.

    I really don't understand I thought the whole point of the S21 was you could not defend it if everything was done correctly which as far as I know has been. When I spoke to the solicitor on Friday they said don't worry about it so why didn't they say give us bank statements or say is there any anti social behaviour to back you up? Not only that the solicitor said on the phone last night he could do this again!!!! What will he win every time?? What is the point having an eviction process if you can just weasel out of it each time. I can't work out how he won

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  • Raiden328i
    replied
    I am waiting for an email for them to explain

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  • jpkeates
    replied
    You can only apply for the bailiffs after 10/7, so there will be a further delay after that date.

    What on earth were the grounds for the hearing?
    And how did your solicitor let the judge get away with the mistake with the date?

    Leave a comment:


  • Raiden328i
    replied
    I am at my wits end. This is what the solicitors say below and does this mean the bailiffs will turn up on the 10th or this is a maybe?:

    Please see below confirmation of the hearing result. As I am sure you are, we are frustrated at this result as the Judge appears to have calculated the maximum of 42 days for the tenant to remain in the property from the date the court order was drafted (28/05/19) rather than the date the order was made (16/05/19).

    As the judge has stayed the current warrant we now need to apply to the court to have the warrant re-issued so that a new bailiff date can be allocated. Our fee for doing so is £100 (incl VAT). Please could you arrange payment on or before 09/07/19, so that we can apply for the re-issue of warrant on the 10/07.

    Leave a comment:


  • nukecad
    replied
    Drug dealing the police will let continue so that that they can 'collect evidence'.

    Not realy, they know where they are.
    If they get chucked out they have to find them again.

    Cuckooing is a whole different scenario.

    Leave a comment:

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