County court bailiffs

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    #16
    Originally posted by Slackjawedyokel View Post
    ...................) so they have had ample opportunity for finding somewhere else to live. ................
    Is the "They" the council or the tenants (or both)?? Social housing is really really scarce (we know why), and if tenants will only go with council re-housing likely to be somewhere most of us wouldn;t want to be.. homeless B&B, hostel or 12months min private let probably miles and miles away (I've heard of 200mile+).

    I'm very grateful things worked out OK for me, but could quite easily have not (illness, job-loss, etc etc etc..). Feel really sorry for tenants these days ...
    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


      #17
      Originally posted by Slackjawedyokel View Post
      I suspect they may plead with us to let them stay for ‘just another couple of weeks - we’ve found somewhere but just need a little bit more time’ etc etc, but I’m afraid the answer will be NO! this time
      Just tell them it's now out of your hands, the bailiffs are now in control.

      The council can offer them emergency accommodation.
      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


        #18
        theartfullodger I mean that the tenants have had quite a lot of opportunity to move. I understand that a lot of council housing is not going to be ideal, but the provision of ideal council housing is not my problem. I and my family have had difficulties with these tenants for years but the thing that kicked off the eviction was me realising that the two houses I rent out (both halves of a semi-detached cottage) would fall foul of escalating EPCs in the future. There is no realistic way to increase their energy performance with tenants resident, so I felt the best thing to do was evict from one house, gut it (rip up floors, insulate external walls etc, wiring, plumbing, new kitchen, bathroom etc) then later do the same to the other house.

        I know they have been looking at council houses at times, and that there are/have been some available. At one point they didn’t want a house because it needed new carpets (I offered them money amounting to almost 6months of the rent they pay, but that was declined). Another property was acceptable except it had no white goods; I offered for them to take the white goods from my house-offer also declined.

        I may be wrong, but I imagine that there is/ has been more council housing available than there will be once evictions resume. The council housing officer has been laying it on with a trowel that they need to get on and accept a property or they will be placed in a hostel when they get evicted yet they are still resident.

        The money I would have given them to go has now been spent on solicitors and court fees (I doubt it’s worth pursuing them for the £426 awarded to us in the possession order judgment, so I’ll give them that).

        I feel like I’ve been fairly reasonable, and due to Covid they have had a lot more time than normal to get their act together, so I’m afraid I’ve got little sympathy left for them.

        Comment


          #19
          jpkeates Yes- the housing officer at the council has provided multiple houses for them to consider and has also told them bluntly that they should get themselves in gear otherwise they will be provided with emergency accommodation in a hostel. That was later last year- so far there’s no sign of them budging.

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            #20
            My tenant is already asking me to let him stay and postpone bailiffs because he likes my flat. But if I do I will create another tenancy ? At the moment he is not paying anything and has 5 months debt. Tells me he will pay what he owes me if I allow him to stay longer (which is a lie). He knows about the ban just wants to trap me into another tenancy. He does not need social housing as it is below him.

            So I will tell jim that it is out of my hands now as JP Keats advises.

            Comment


              #21
              Slackjawedyokel,

              Some people are their own worst enemy.
              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


                #22
                Perce,

                You can't create another tenancy because the current tenancy doesn't end until the bailiffs execute the warrant unless you agree a new tenancy agreement for a new fixed term.
                So just say no.

                If the tenant isn't paying rent but has enough money that they can afford to clear the arrears, I'd keep a copy of that offer to show the judge when you go to court to claim the money.

                If social housing is beneath him, he's going to love emergency accommodation, which is where he's headed if he thinks he can hide from the bailiffs in bed.
                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


                  #23
                  Slackjawedyokel,

                  I think you will find it will be at least a few years before it actually comes to getting to the front of the q and actually getting bailiffs there

                  if they say they are shielding then the bailiffs are not allowed to go near them

                  your best bet is offer them £8K cash to vacate legally

                  Comment


                    #24
                    Perce,

                    What advantage to him is another tenancy? It makes no difference if the current one runs out it goes to a rolling contract which is just the same as a new one

                    Comment


                      #25
                      Bixwier - I think it will take a few months once the ban is lifted not years. And where did you get £8k from ?

                      It took me 3 months to get a possession order once the courts opened not years as a lot of people were predicting.

                      Comment


                        #26
                        Originally posted by Bixwier View Post
                        if they say they are shielding then the bailiffs are not allowed to go near them
                        Someone who is shielding would be able to show that they are shielding - there are dozens of documents that people who are shielding would be able to show someone.
                        Shielding isn't something someone can simply decide to do.

                        If the tenant is isolating, the bailiff can wait a couple of weeks and come back.
                        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


                          #27
                          Bixwier I think you’re being overly pessimistic there. The bailiffs will undoubtedly have a massive backlog of cases once the stay on evictions is lifted, and my case will not be a priority, but I think it will be a case of months rather than years.

                          Having spent quite a lot of money over the past 16 months on solicitor and court fees to get to he final hurdle (warrant issued, just waiting for the bailiffs), I’m not sure why I’d want to bung the tenants a year and a half-worth of rent to go. It is just a waiting game now

                          Edit -maybe the courts will decide to alleviate unemployment figures and employ more bailiffs if the queue is out of hand?

                          Comment


                            #28
                            With your tenants or mine it is impossible to predict anything because there is no logic in their behaviour. You can just hope that maybe they would leave before they get a letter from bailiffs.

                            Comment


                              #29
                              Originally posted by jpkeates View Post
                              Someone who is shielding would be able to show that they are shielding - there are dozens of documents that people who are shielding would be able to show someone.
                              Shielding isn't something someone can simply decide to do.

                              If the tenant is isolating, the bailiff can wait a couple of weeks and come back.
                              They could say this is the first day they are showing symptoms

                              yes it will always amount to postponing

                              Comment


                                #30
                                It depends on the tenant. Mine will probably say he is shielding. That is why he is staying in the property after the court order. He likes to show himself in a good light in front of the others and would want to present himself as an honourable man just not well.

                                Comment

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