Finding a County Court Bailiff

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    #46
    Originally posted by Slackjawedyokel View Post
    [USER="85865"]I floated the idea of raising the rent as EICR will cost as a result of T’s (in)action. Agent says not to as rent increases now have to be notified at least 6months and would be viewed by a court as vindictive/forcing them out.
    Your agent needs to be replaced.
    A rent increase in a periodic tenancy doesn't need six month's notice and how's a court even going to be aware of an increase?
    They've already issued a judgement.

    Right now, I'd probably not risk it because the times aren't normal and who knows what might happen if the tenant raises it with the court.
    Normally the gap between a judgement and an actual eviction is so short that the idea of putting up the rent doesn't arise.

    But your agent should be giving you accurate advice, not just making things up on the spot.
    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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      #47
      Perce Thankyou for your advice. I gave the court a call and they were perfectly nice. My solicitor issued the warrant application on 15th Dec, and according to the person I spoke to it was granted on 15th Dec😀. You know more about the workings of these courts than my solicitor, which is slightly worrying!
      The person I spoke to said that evictions are on hold until the end of March (which I knew). She suggested I call them back in mid-April when (hopefully) the bailiffs are operating on these cases again, and they will have a better idea of what’s what.

      That’s put me in a better frame of mind - it feels like we only have one barrier to eviction now instead of two😀.

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        #48
        jpkeates I did wonder (out loud) whether the agent was getting their wires crossed on the rent increase notice period. I’m not intending to re-let the two houses that are tenanted, so once the tenants leave the agent’s job here will be finished.
        Raising the rent was just an idea really - with hindsight we should have done it 2 or 3 years ago. Probably best not; the agent has given such poor advice at times that I wouldn’t be entirely surprised if they got the tenants to sign a new tenancy agreement🙄

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          #49


          Congratulations on the warrant. It’s good to know. Hope they gave you the ref number of the warrant ?

          My estate agent has already tried to renew and when I called them they withdrew the offer of renewal. You have to keep an eye on the estate agent too. I









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            #50
            I had a chat with my letting agent today; unfortunately neither of us can see my tenants moving out before the bailiffs come to evict them (I now have a warrant, although I do realise that it will be quite a while before the bailiffs enforce it). My letting agent is in touch with the council housing officer; I can understand my tenants treating me, my family and my letting agent as ‘the enemy’, but they are also treating the council housing officer as ‘the enemy’ when it sounds like she has been attempting to find them somewhere to move to (my tenants have not applied for any property so far).

            It seems increasingly likely that my tenants will still be in situ when the bailiffs call with their 2-week notice of eviction. Although this may spur them on to start seriously looking, it’s unlikely that 2 weeks will be enough time for my tenants to find a property and move themselves and their stuff into it. It seems likely that the house will be returned to us full of the tenants belongings and furniture, so I was just wondering the best way to deal with that situation, as there doesn’t seem to be anything in my Tenancy Agreement to deal with this eventuality.

            I do not have a current mobile phone number or email address for the tenants, so maybe the best time to contact them would be during the 2-week grace period? I could easily hand-deliver a letter, but would a signed-for letter in the post be better? I understand that I would have to keep their belongings safe, and make them available for the tenants to collect by appointment, but what would be the appropriate length of time to hold on to their belongings for?
            If tenants return to collect their property, how would you manage that? I don’t fancy letting them back into the house- would you place it outside in the garden at the appointed time?

            If tenants fail to collect property from the house, what do you do with it after? I understand that I’m not supposed to profit from it. Would it be reasonable to put as much as possible on eBay, then deduct from the proceeds any costs incurred in clearing the rest (eg hiring a skip). In theory I’m then left with a sum which I’m supposed to get back to the ex-tenants... if I can find them.

            Maybe I’m getting ahead of myself; it could be a long time before my tenants are evicted yet. I’d just like to know where I am when/if the time comes.

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              #51
              I think your tenants will move once the ban is lifted and it will be quick.

              I don’t know how many months do we need to wait for the bailiffs to start evicting after the ban is lifted ...

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                #52
                Perce I wish I shared your confidence but my tenants just seem to have their heads in the sand. They appear to think that if they ignore everyone then nothing will happen.

                When I phoned the Court last week, they said that if evictions resume at the end of March, I should phone them back mid April for a better idea of what’s happening re. bailiffs.

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                  #53
                  I am for some reason confident they will be gone before the bailiffs arrive. They don’t need to do it now. They can still enjoy your property for quite a while. My tenant is the same like your tenants but I cannot imagine him leaving all his belongings in the property. He does everything the last minute under the threat. So you can sleep well re their possessions.

                  I would call the court even earlier. I am not going to wait for my solicitors to inform me. They are so slow with info.



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