Eviction app in 2 weeks. Tenant's belongings advice please.

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    Eviction app in 2 weeks. Tenant's belongings advice please.

    Following a long wait my tenant has a bailiff appointment in 2 weeks time. I am worried she will wait for the Bailiff to knock on the door before leaving as she is hoping for the council to house her as she has young children although hasnt paid any rent since Oct 2019.

    Should I send her a letter prior to the eviction warning her that if she hasnt cleared the property her belongings will be disposed of if she doesnt make an appointment to collect them within 14 days.

    Or should I hand this to her on the day of the eviction.

    I do not want to give her any encouragement to leave unwanted items in the house. However if she has left the property but hasnt taken all her belongings prior to the eviction I will have no means of contacting her to give her the 14 days notice other than an email address. What would others suggest would be the best option.

    #2
    She's entitled to wait. Entitled from Thatcher's 1988 Act that grants you the right to serve s21 and follow it to court.

    She's entitled to appeal the court decision.

    Wait and see. Good 'ole British justice.

    What does the tenancy agreement say about belongings left behind? That gives you the timescale, not something written about now.
    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 don't see any harm in the letter that you propose, but I also don't see much benefit in it.
      The tenant is most likely going to move out just before the bailiffs arrive (because most people who are about to be evicted do).

      If she does leave things there and you have no way of contacting her, dispose of the items after 14 days of waiting for her to contact you.
      You have to make reasonable efforts to contact the tenant, but that doesn't mean hours of searching for them.
      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


        #4
        I would send the letter to her (proof of posting from 2 different post offices).

        I would also have a letter typed and ready to send to her c/o the Local Authority Housing Dept - basically saying Dear XX, Upon your legal eviction today, items have been left at the property which may or may not be your personal belongings. These items will be disposed of on XX/XX/XX should you not make contact to collect them at a mutually convenient time and date prior to xx/xx/xx. I would send it to the Council on the day she is actually evicted. Ask that the letter be forwarded to her, who has been evicted from your property on XX/XX/XX for unpaid rent since October 2019. That way, your are advising the Council of the ex-tenants behaviour but not allowing the Council to interfere before she is out of the property.

        You then have ample proof that you attempted to contact her to collect those items.

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          #5
          My bailiff gave my tenant a fortnight to collect her stuff. She did.

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            #6
            Thanks for the advice. I have decided to get the managing agent to prepare a short official note to be given to the tenant on the day if she has not moved out. If she has gone I will forward it on to her via the housing dept.

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              #7
              I hope you've written to the council to say you're evicting her due to rent arrears and that she's in arrears hoping to get evicted and given a council house and asking if they can help her as she actually being evicted by bailiffs on (date). My council don't house people who do this trick to jump the housing ladder.

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                #8
                Yes I have told the council everything I know about my tenant and even suggested they look at her facebook profile. She knows that because she has children they will have to offer her emergency housing but I doubt they will house her long term as she has in effect made herself voluntarily homeless.

                Comment


                  #9
                  Minor clarification point: They probably will rehouse her & kids but actually only have to rehouse the kids: Who, if this happens, will probably be taken into care, she getting no control over the matter. Does she know this??

                  see...
                  https://england.shelter.org.uk/legal..._with_children

                  A nasty game.
                  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

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