Phased reduction in notice period

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  • jpkeates
    replied
    Slackjawedyokel Again, you can offset that risk by giving them plenty of warning about your intentions.
    "Just to be clear, anything that you have not collected at that point will be removed and thrown away."

    If you do end up taking it to a municipal dump, if you're a landlord clearing someone else's possessions you might be charged to dispose of them.
    Which isn't the case if you're house clearing after a family bereavement or just having a good old clear out.

    Leave a comment:


  • Slackjawedyokel
    replied
    Tricky to deal with if someone wants to sue you for junking their antique broken footstool or whatever...

    I suppose the best thing might be to eBay anything that might have value then at least it’s been offered for sale openly, it will achieve it’s appropriate value (maybe £0) and there is a clear paper trail.

    If the tenants wished to complain after we’ve followed this path, I suppose they would not get very far. Fingers crossed that their stuff leaves with them!

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  • jpkeates
    replied
    Originally posted by Slackjawedyokel View Post
    I might be getting ahead of myself here, but when disposing of property does the landlord have to try to get best value? Say if there are large items of furniture left would I be required to try and sell them (returning proceeds to the tenants or more realistically setting it against costs incurred), or is it acceptable to cut out all that hassle and skip the lot?.
    Theoretically yes, you have to get an appropriate value for things, but, in practice, the only things I've ever had to dispose of were worth significantly less than the cost of getting rid of them.

    What things are worth to their owners and what they're actually worth is usually miles apart, which can be tricky to deal with.

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  • Slackjawedyokel
    replied
    jpkeates I like the idea of a disposable email account to contact us. My rough plan is, once I have a firm idea of when the eviction is likely to occur, to send the tenants a letter (both hand delivered and tracked post) stating that after possession of the house has been returned to the landlord their belongings will be retained for 3 weeks (let’s be reasonable!) and that they should contact us (via the email) during that period to arrange collection of anything they wish to keep otherwise it will be disposed of and then claim any costs incurred from them (I guess I can’t claim from their deposit, but it’s likely their deposit will pay for unpaid rent anyway).

    I will not allow the tenants back in the house for this, obviously and have new locks ready to install!

    I might be getting ahead of myself here, but when disposing of property does the landlord have to try to get best value? Say if there are large items of furniture left would I be required to try and sell them (returning proceeds to the tenants or more realistically setting it against costs incurred), or is it acceptable to cut out all that hassle and skip the lot?

    As a side note, I’m not intending to remove and store any property left in the house; it can stay there for a few weeks as I’m not intending to re-let.

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  • jpkeates
    replied
    Slackjawedyokel If you're worried about tenants leaving things in the property, you can pre-empt the issue.
    A polite (at least neutral) letter to them advising that once the stay of possessions is ended, the details you have passed to the bailiffs will result in the repossession of the property and that anything left behind in the property will be removed, stored temporarily for two weeks and then disposed of (or whatever timescale you think reasonable). And that the cost of clearing the property and storage will be added to the amount they owe you.

    Obviously, if your intentions are different, tell them that.
    You're obliged to make reasonable efforts to contact the real owners of abandoned goods in order to help them arrange to collect them.
    But reasonable isn't defined anywhere and would depend on the value of what's there - but the tenants can't simply use you for storage while they find another place to live.

    I'd personally create a one-off hotmail or gmail account and tell them to use that to contact you in future.

    Leave a comment:


  • Slackjawedyokel
    replied
    OS7 Good luck with the eviction!

    I’m in a similar situation (S21, warrant granted, tenants still apparently unwilling to move). I know that my tenants have been on the priority housing list for a long time, but that they have made no attempt to actually find somewhere else. The council housing officer has tried to contact my tenants several times over the past couple of months as there have been properties that the officer thinks they might (should) be interested in. The officer has left messages but has not had any contact in return and my tenants have not accessed the housing database this year so far.

    Only the real and imminent threat of eviction will cause my tenants to take action. I’m trying to find out what sort of timescale we’re looking at, so I can pass that on to the tenants.

    Presuming my tenants have no fallback plan (I see no reason that they do), I’m hoping (maybe in vain) that a timescale to eviction of a small number of weeks will get their feet out of the mud. If they wait until they get a 2-week notice of eviction, that will be too short a time for them to get moved in an ordered way; they will be placed in emergency accommodation (ie a hostel) and we will have to deal with a house full of their stuff. (That will be awkward because the tenants will end up moving into somewhere eventually, and will be most displeased if we’ve disposed of/sold their belongings in the meantime, after an appropriate length of time)

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  • Perce
    replied
    OS7

    I will probably wait until the ban is lifted for the time being and then think what to do next. You could notify the social housing team that the warrant has been issued and let them speak to the tenant. I think nobody is going to take any action until the ban is lifted.

    I would be very cautious of every step and follow my intuition.

    Leave a comment:


  • DPT57
    replied
    I think it can't hurt to inform both the tenant and the Social Housing Team, who may now escalate an offer to the tenant.

    Leave a comment:


  • OS7
    replied
    Perce

    Hi just to update,

    I received an email from court and following that a phone call as well. The email said :The warrant which I applied on Friday (posted on Friday) has been processed today and passed to bailiff section.

    The phone call was from bailiffs department asking me if i wish to escalate as soon as the ban is lifted or do i have preferred time frame - i was quite surprised by this phone call and question. I said i would like to escalate as soon as the ban is lifted, at the point the lady who spoke to me said, they will book this in the diary and get me a date soon!!! I guess it is happening...

    My query is do i have to inform the letting agents and tenants that warrant has now been issued- and we are just waiting for a date for eviction. I quite like my tenants to leave prior to eviction and want to give as much notice as possible to bailiff action - however in the last 5 months i don't think my tenants have made any progress with moving apart from going on the council list for a social housing. Social housing team has been in touch with me for the past month, querying and asking if I would use bailiff action. I have always said it is my intention to get possession of my property and if they don't move by 31/05, bailiff action may be initiated. So what do i do now- do I give notice or do i just keep quiet until a date has been booked.

    Leave a comment:


  • Perce
    replied
    OS7

    This scenario does not solve their problem. Judging how they dealt with ccj they will take an action earlier. They seem to wait until the last minute and then act.



    Leave a comment:


  • OS7
    replied
    Originally posted by Perce View Post
    Hello OS7

    Does it mean they will evict within 8 weeks from 1st June?
    8 weeks to get a date for eviction....I guess then there will be 2 weeks notice and then another 10 days if tenants reports COVID symptoms. My tenants are family of 4 - I guess if each of them report COVID symptom one after another it would be another 40 days on top of the 10 weeks......I am not hopeful at all...

    Leave a comment:


  • Perce
    replied
    Hello OS7

    Does it mean they will evict within 8 weeks from 1st June?

    Leave a comment:


  • OS7
    replied
    Originally posted by jpkeates View Post
    That would have been my expectation before the process was halted, and it will probably be different in different parts of the country.

    If your warrant is one of the few that are allowed to proceed during the general stay, there's no reason not to hope it might even be sooner.
    But county court bailiffs are a law unto themselves.
    jpkeates , no, my possession order is based section 21 and can only proceed to eviction when the ban lifts. I called the courts today to get some details, and the lady on the eviction team, was kind enough to explain the time scale. She is said it is currently 8 weeks, and they are also now hoping to recruit temp staff to deal with backlogs. But with current situation it is 8 weeks from 31/05...

    anyway I have sent the paperwork and cheque to the courts....and now it is a waiting game

    honestly I am not hopeful, with new variant doing its round....there may be a u turn on the lifting of the ban.

    Leave a comment:


  • jpkeates
    replied
    That would have been my expectation before the process was halted, and it will probably be different in different parts of the country.

    If your warrant is one of the few that are allowed to proceed during the general stay, there's no reason not to hope it might even be sooner.
    But county court bailiffs are a law unto themselves.

    Leave a comment:


  • OS7
    replied
    Originally posted by jpkeates View Post


    That's fewer than the number the courts normally dealt with in a quarter and would usually result in about 8,000 repossessions (with twice as many warrants issued).
    Thanks, this is useful. I am only about send my warrant paperwork now. Could I assume it will take about 8 weeks for the eviction team to give me an eviction date?

    Leave a comment:

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