Please help after Possession Order & Money granted-Tenat refusing to move out

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    #16
    Hello all,
    Now I have got a date for Balliffs eviction. I have a feeling that the tenant might make it difficult.

    I notice a section on the notice of balliffs appointment I received that I can contact the court manager of I feel the balliffs will encounter difficulties with that may require additional balliffs or police assistance.

    Firstly, Please advise how to go abut this.. Has anyone had experience of this and did the court take the reason into consideration..
    I will be grateful for your assistance.

    Secondly, how do I put a CCJ against this tenant.

    Thank you

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      #17
      The CCJ would automatically be raised once the payment hasn't been received by you, if you email the courts they will confirm that the CCJ has been raised.

      You do not need to do anything, T's always are difficult which is understandable under the circumstances, let them conduct their duties and you will then be handed over the property with the T's gone, ensure you change the locks.

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        #18
        The most force the bailiffs should ever use is simply weight of numbers, unless they are put in a position where they have to defend themselves, although they are allowed to force entry after an adequate warning.

        I think it is probably more important to provide specific information about histories of violence, use of weapons, and the likelihood that the tenant will recruit friends to move the odds in their favour. Basically give the bailiffs the information they need to risk the situation; don't second guess their actual risk assessment.

        The aim of the risk assessment will be to avoid any violence.

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          #19
          Its also to tell them whether they're likely to need the Police to attend

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            #20
            ash72,

            Thank you for that. I will contact the courts tomorrow about the CCJ because payment was due on Feb 12. Yes I will change the locks

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              #21
              leaseholder64,

              Thank you for your reply. I have experienced some of this myself and will notify the ballifs office

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                #22
                Originally posted by DPT57 View Post
                Its also to tell them whether they're likely to need the Police to attend
                thank you, I will bare this in mind also. I just want my property back.

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                  #23
                  Originally posted by ash72 View Post
                  The CCJ would automatically be raised once the payment hasn't been received by you,
                  I'm not sure that is true, give what others have written on other threads (I have no experience).

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                    #24
                    Ballifs have been instructed and I should get my property back next week.

                    The issue now is, tenant has not paid any money back to me and looks like I will have to claim for my money as CCJ is not automatically raised by courts. I have been directed to MCOL. By next week Wednesday. Tenant would have owed £8,800. I am distraught really but I just want to make sure I follow due process and try to retrieve my money.

                    For those that have been successful with this type of claim how do I go about it. I have been on the MCOL website and want to do the claim now before tenant moves out as I have no forwarding address so it can be received.

                    Tenants mother is the guarantor (has a house and I have the details etc) and she has not responded to any of my pre action Notifications about Tenant arrears.

                    Should I do the claim against Tenant or the guarantor?
                    Thank you it’s been a long winded process but getting my people back gives me some relief but I don’t want that Tenant to go Scot free and her guarantor too. I want to raise as much hell for them as they have made for me and she is about to be rehoused buy the council even though she owes me so much.

                    On the MCOL website it also states below

                    REMINDER - A Warrant of Control may not be issued for more than £5,000 unless issued under the Consumer Credit

                    Please assist me as I don’t know if this means I can claim via this route.

                    I am a Desperate Landlord

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                      #25
                      Wait until you see how much damage there is to the property. You have the guarantor's details, so I would not worry about not having T's new address. If they aren't provided... well you just sue at the last address you have- that of your property. Of course if tenant does not receive papers, they won't bother to defend your claim.

                      I would sue T & guarantor jointly. If you send LBA to tenant at your property address by recorded delivery, any redirection will find tenant. Then request proof of delivery from post office and they may tell you the address it was delivered to.

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                        #26
                        How much are you suing for as that clause you quote is for over £5000. Sue both T and G.

                        Take a good look at the Guarantor document - was it executed as a deed?



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

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                          #27
                          Originally posted by JK0 View Post
                          I would sue T & guarantor jointly. If you send LBA to tenant at your property address by recorded delivery, any redirection will find tenant. Then request proof of delivery from post office and they may tell you the address it was delivered to.
                          Definitely sue both the tenant and the guarantor.

                          I wouldn't use recorded delivery (or whatever it's called now), because the recipient can decline to sign for it or, if they're out, it just goes to their local post office for collection.

                          I can't see how the post office can tell you where the post was redirected to?
                          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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                            #28
                            All I can tell you is that it happened with my tenants twenty years ago, JPK.

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                              #29
                              Very interesting, something new to consider!
                              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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                                #30
                                JK0,

                                Thank you for your detailed reply
                                ​​​​​​-I will be at the eviction on the day so I can take pictures of the state of the property
                                ​​​​​​-If I may ask, what is an LBA?

                                I appreciate your advise

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