The Bailiffs Are Coming!

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    #61
    OS7 I know it sounds a bit trite, but I think the best thing you can do for your own mood and health is to take a step back and try not to worry about it too much. Your tenants might leave it in a bit of a state or they might not but it’s unlikely that anything you do at this stage will change how your tenants leave the place.
    I had hoped that by writing to our tenants to make it clear that we would charge them for the cost of disposal of their belongings would focus their minds on getting the place cleared out but no. It was still a useful exercise as we made it clear that we would not keep their stuff indefinitely and that they bear the risk of anything getting broken or going missing.
    Try not to engage with your tenants too much- let your LA do their job if your tenants want to talk to someone.

    In my case, I’m not overly worried about the place being left in a state. I will tidy it up a bit when it’s empty, but ultimately it will be more sensible to demolish and rebuild as a nice, modern home, rather than spending nearly as much (VAT is payable on renovation but not on new-build) bringing these old small-roomed houses up to EPC-C.

    Although it was never likely, the thing that worried me in the wee small hours wasn’t what could happen in the let house down the road-it was a possible (unlikely I know) attack on the things I hold most dear. I have small children who like to free-range around the place, so yes, the imagination runs wild a bit.

    So you’ve just got to sit back and let the bailiffs do their work. If your tenants want to be awkward and cost you money, you can reclaim it from them or get them a CCJ. Fingers crossed for your eviction.

    Comment


      #62
      OS7 - do not worry too much in what state they will leave your property as Slackjawedyokel mentioned above. The main thing is to get them out. It will be OK in the end. I know you have a very difficult tenant and know how you feel. My T. is not better.

      Also I had the additional stress from not getting docs with the slip from the bailiffs. They were not keen to send another copy. But eventually today I got this document after 2 weeks of multiple phone calls.

      .

      Comment


        #63
        Slackjawedyokel Perce

        thank you for your kind words. They are reassuring and you are right - it is no use worrying about things which are not under my control. I have decided today, I will just go ahead request for CCJ for rest of the arrears and leave the matter as it is. eviction is booked for just over two weeks from now.

        My better half has same worry as you for our safety Slackjawedyokel and as tenants are not most logical people . I will keep my distance.

        Perce , good you received the forms. I accepted mine online and it showed up as confirmed after couple of days. But the paper ones came after week of the actual notice online. Apparently, after you have accepted, you cant postpone the eviction date at all, you need to withdraw it completely. My tenant's housing officer was implying, if I do this, tenants may resume payments!!! no way i am doing this!!!!

        tc everyone

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          #64
          OS7 - are you going to request ccj up to the day of eviction or for a whole month ?

          I need to issue a pre action letter just don't know if it should be for a whole month of July or up to the day of eviction in July.

          Comment


            #65
            There are two views about handling rent owed and it depends on the wording of your tenancy agreement.

            Normally in a tenancy agreement rent is payable in advance and there's no mention of a rebate if the tenancy ends before the end of the month that is owed for.
            There is a specific piece of legislation that allows a court to order you to pay back any rent paid in advance when a section 21 brings a tenancy to an end.
            But the court hasn't done that (and it's actually impossible for them to do so), so one argument is that the rent is simply owed and no rebate is due.

            The other view is that when possession is returned, no further rent is owed from that point.
            And that's probably the simplest and fairest solution.
            And the one that would have the sympathy of the court.
            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


              #66
              Perce For now i am only requesting ccj for the claim which already resulted in mediation. The mediation agreement was for the tenant to pay weekley payment to pay off arrears. The tenants kept on top of their usual rent and repayment agreement until they received the eviction warrant. They already paid for June and are up to date with current rent. they owe just under £3000 in arrears for year 2020 and since they breached the agreement i can now request for judgement without hearing. I am posting the forms for this as i write this. For July, they will owe 2 weeks rent if they leave on the eviction date and i haven't given this much thought. The deposit may cover this - i will have to think about this at some point.

              Comment


                #67
                Thank you OS7 and JPKeats.

                Comment


                  #68
                  Quick question: there’s too much of the tenants stuff left in the house to fit it in a skip or two (amongst much more there is a double bed, sofa, wardrobe, sideboards, chests of drawers plus several skips worth of stuff) so I will have to look into getting a house-clearance firm instead. This will cost much more than the deposit, so if I intend to chase the ex-tenants via MCOL, would I have to shop around and get the best possible quote? (It’s a rural area, there’s only one local firm doing house clearances and frankly I could do without spending the time chasing 3 firms here to do quotes!)

                  Comment


                    #69
                    If you're planning to sue the tenants for the cost of the removal (or deduct from the deposit) you will have to show that you took the most cost effective route; you're required to "mitigate" your losses.

                    The tenant would have to show that you didn't, though - which might not be easy (they'd have to get a quote themselves somehow).
                    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


                      #70
                      "there’s only one local firm doing house clearances"
                      You get a LOCAL firm, in your area, and not someone 20 miles away, and if there is only one, then use them. ( 40 miles x 3 men for about 90 mins round trip at lets say £ 40 per hour each man = £ 180 i would want to travel to you.

                      Comment


                        #71
                        ram Thankyou; AFAIK there’s only one firm reasonably local so I’ll get them if their quote seems anything like reasonable.

                        The chances of getting any money back from the ex-tenants seem slim to nil. I will never open a tenants post (and will attempt to return any letters to my ex-tenants if I see them or ever get a forwarding address). They have only had one piece of post in the past 2 days and from the outside of the envelope that appears to be from the sort of firm that buys and pursues old debt.

                        Looks like even if I can find out where they’re now living, I will be at the back of a queue of creditors😕

                        Comment


                          #72
                          Suggestions -- Why you should open ex-tenants mail if they left no forwarding address,( because they don't want their mail,) and if you are still getting mail, then they still don't want their mail cos they did not pay the £ 70 to the post office redirect everthing

                          1) From above. no forwarding address and post still coming, it is CLEAR the ex tenants don't want their mail.
                          2) The tenants are NOT going to report you to the post offce, because the ex does not want the mail, and he / she wont know they got any mail to report it being opened.
                          3) you are not going to report yourself for opening mail.
                          4) Debt is often put on data bases against the ADDRESS !
                          5), If your new tenant tries to get credit , stores, internet or whatever, the answer may come back - credit refused because Your address is flagged as having either too many flags, or too much owed.
                          6) debt collectors WILL harrass your new tenant knocking on the door stating your address owes money, ( How many times do the debt collectors hear " but I just moved in, it must be the previous tenant" -- too many times, i assure you., with false tenany agreements shown.
                          7) The debt collectors are pleased to hear from the owner that the delinquent tenants have left, and you have no forwarding address.
                          I have given the creditors ( because I opened the mail ) and either rang them or wrote to them confirming such AND details of the letting agent who can verify my statement.
                          8) If you want the gas, electric, water, telephone, cut off for your new tenant, then don't open previous mail.
                          9) I was refused electric as a new teant because there was too much owing for electric, and they would not re-connect until i paid the arreas, but they did give me a refund when i suppled all my details. such as letting agent and landlord details.

                          10 ) your new tenant will be the recipient of debt collectors banging on his door if you refuse to open letters + notify the companies that are sending mail to the ex tenant..
                          11) Even letters that may include ( if you open them ) when Airbnb.co.uk accept your ex-tenants use of your property, and 4 people are comming next Tuesday, and will have keys, and will walk in demanding accomodation, fisticuffs and police happens there after.

                          Open the mail !

                          Comment


                            #73
                            ram That is certainly some food for thought. While I would be perfectly happy to point past creditors in the direction of my ex-tenants (if I knew where they are), I’m one of those squares that isn’t comfortable resorting to illegal means.

                            I have no plans to re-let. As a landlord, it’s becoming too hot for me so I’m getting out of the kitchen. The house is No.2 of a semi. Both are scraping EPC-E. Now the house is empty, instead of spending a shedload of money trying to achieve EPC-C, I intend to eventually knock both houses down (probably in at least a couple of years time) and rebuild one large, open-plan property to use as a holiday let until my wife and I want to retire there.
                            The current address ‘No.2’ will eventually disappear so I doubt that bad debt being registered against the address will be too much of a problem.

                            Comment


                              #74
                              I emailed my solicitor on Tuesday to inform them that the eviction had happened successfully so this legal matter was at an end and they could invoice us. I also added that the house was still full of the ex-tenants stuff so we were considering pursuing them privately via MCOL for disposal costs beyond their deposit and for the unpaid court costs (as per the possession order judgment). He replied with the helpful advice that we should wait at least a month then try a tracing agency to find them (I’m sure I’ve read this advice here also).

                              The total cost of the solicitor was a little under £600 incl VAT (but not including court fees). I didn’t think that was too bad at all, especially for such a drawn out process. We also got him to send a cash offer to the tenants late last year (unfortunately rejected), so that was extra work. Very happy with the solicitor!

                              Comment


                                #75
                                I was told by bailiffs that I need to wait for 3 months if I need to trace the tenant in future.

                                At the moment I applied for 3rd Party Debt Order for some of the arrears but you still need to issue ccj to do that. No clue if it will work or not as I don't know how much money he has in his account. I just know the bank but not the account details.

                                Your solicitor cost was very good.

                                Comment

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