The Bailiffs Are Coming!

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    #31
    Originally posted by jpkeates View Post
    Yes.
    Ideally you don't want them to leave anything.
    The risk is that something is "stolen" while the goods are in your custody.
    Then, when they arrive with a van or whatever, they can choose to make multiple trips and move it all, or they can put it all in storage or whatever. Anything left later could be put into a skip. Would that approach come back to bite me?[/QUOTE]It shouldn't.
    But the main point is to ensure that it's clear that its their risk if they leave anything behind.
    I'd confirm, for example, that people will be in the property unsupervised after they leave.

    [/QUOTE]

    Ah ok, thankyou. With hindsight I should have been more forceful with the letter we sent to the tenants last week. I should have pointed out that while we will endeavour to meet an appointment for them to collect stuff, due to other priorities (which can change at short notice) that cannot be guaranteed. I should have said that everything left behind would be placed outside for one appointment, lest they want stuff in dribs and drabs, and I should have said that anything left behind in the house (or outside after it has been placed there) is done so at their own risk. I feel another letter coming on...

    I have a large number of strong, clean, waterproof sacks. If stuff is left, I’ll place any smaller loose items into sacks (except obviously fragile stuff) so it will be quicker/easier to place outside when the time comes.

    I think we will yet come under pressure from these tenants or their family later this week; that they have somewhere but they just need a few more days, week or two tops, to get out and would we please consider calling it off for now blah blah. (Same as they said before Christmas 2019). No!

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      #32
      Originally posted by Slackjawedyokel View Post
      If the tenants are evicted but most of their stuff is left in the house, would the best strategy be to wait until they make an appointment to collect some of their items then start early and put EVERYTHING carefully out in the side of the road
      At an eviction, I once asked an ex-tenant if they wanted help moving their things out. When they agreed, I removed EVERYTHING (none too carefully) onto the street outside. The county court bailiff witnessed them agreeing to it.

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        #33
        I’ve sent them this letter:

        Dear Mr and Mrs Xxxxx,




        Further to our letter dated 12 June, we would like to repeat that all of your belongings should be removed from the property prior to the bailiffs appointment.




        In the event that belongings are still in the house after the appointment, this would be fully at your own risk. People will be in the house unsupervised after this time, therefore you should leave nothing precious or valuable in the house. There are storage facilities available in Xxxxxx which you may wish to use (uholdthekey.co.uk).




        As previously stated, any belongings left in the house will be disposed of 21 days after the bailiffs appointment at your cost. You will have no access to the property following the bailiffs appointment. Should you wish to collect any belongings that may be left, you should get in touch (xxxxxxxx@gmail.com). We will endeavour to remove all of your belongings from the property for collection at a time that we are available, however our availability is limited and our plans can change at short notice. We are unable to guarantee to meet any removal appointment made, as other priorities may come in the way. We will endeavour to move items carefully, but we can accept no liability for any belongings that may be damaged in that process.




        We would like once again to recommend the use of a storage facility where you would have unlimited access to your belongings.




        Yours Sincerely

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          #34
          I think you're over complicating it and making unnecessary commitments.

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            #35
            Boletus - Is the eviction process slow or fast from your experience ?

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              #36
              bailiffs are there to enforce a court order. they cannot take sides. They implement a court order to get you back in possesion of your property.

              People are evicted, and not personal effects,
              Thats your problem with personal effects.

              Write the letter.

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                #37
                Originally posted by boletus View Post
                I think you're over complicating it and making unnecessary commitments.
                Ah ok. That’s unfortunate because the aim was to make things less complicated for us while fulfilling the requirement to make reasonable efforts to reunite ex tenants with their stuff.
                I don’t overly mind ‘storing’ their stuff in the house for 3 weeks (I’m not planning on re-letting) so that’s no big expense.

                I can’t stop the tenants from leaving stuff in the house, but I can encourage them not to, by suggesting alternatives and by making it clear that the return of property will be at least partly on our terms. Making it clear that we don’t accept liability for loss or damage of any items left seemed like a decent, back-covering exercise also.

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                  #38
                  I think the only thing you need to say in your letter is in paragraph 1 - 'please remove your possessions before the bailiffs' appointment on xxx date'. But all the other paragraphs are perfectly helpful and reasonable. It's worth checking the Tenancy Agreement to see if it mentions anything about how many days you have to store the tenant's possessions. I think 14 days is common. If so, you can give them that time to collect their things.

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                    #39
                    Originally posted by Perce View Post
                    Boletus - Is the eviction process slow or fast from your experience ?
                    The last full blown bailiff eviction I did was well before Covid. Using section 21 to evict a non paying, ASB, violent, drug dealing tenant's new boyfriend who made the neighbours' lives hell.

                    Even so, with calm hindsight, the timescale was fairly reasonable.

                    Section 8 on the other hand, is completely unfit for purpose.

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                      #40
                      Some good news today. My letting agent says they were contacted to provide a reference for my tenants, as they are looking to move into a PRS flat. The LA made it clear to my tenants that the reference would make very poor reading because the tenants are in arrears and have been for quite a long time (since at least early last year). The tenants promptly paid off all of their arrears (!) and received from our LA what I understand was an honest reference. So all good, and I would imagine the tenants will get their deposit back.

                      Quick question; now that the deposit will not be paying for arrears, if there’s a quantity of the tenants belongings left after 3 weeks (the time when I have notified them that leftover belongings will be disposed of at their cost), could I deduct from the deposit for skips etc?

                      No sign of any packing happening so far. Oh well- they’ve got until Monday morning...

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                        #41
                        Originally posted by Slackjawedyokel View Post
                        Quick question; now that the deposit will not be paying for arrears, if there’s a quantity of the tenants belongings left after 3 weeks (the time when I have notified them that leftover belongings will be disposed of at their cost), could I deduct from the deposit for skips etc?.
                        Yes, you can.

                        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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                          #42
                          Originally posted by Slackjawedyokel View Post

                          Quick question; now that the deposit will not be paying for arrears, if there’s a quantity of the tenants belongings left after 3 weeks (the time when I have notified them that leftover belongings will be disposed of at their cost), could I deduct from the deposit for skips etc?
                          Call me a miserable old man, but with all the s*** they have thrown at you over the months, I would be looking for any excuse to make deductions from their deposit.....

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                            #43
                            T-minus 11 hours and our tenants are spending their last night in the house. Fortunately it seems that they are moving out; there was a large white van outside yesterday. Fingers crossed for the bailiff appointment in the morning.

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                              #44
                              Good luck, I hope it goes smoothly.

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                                #45
                                All the very best........ you are in the vanguard of many more to come.

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