The Bailiffs Are Coming!

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  • OS7
    replied
    Slackjawedyokel hope you are well. After Monday, don’t let your tenants anywhere near the property. Good luck

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  • Slackjawedyokel
    replied
    I have finally had an email. My ex-tenants continue to take the Michael. I gave them 3 weeks from their bailiff appointment to retrieve their belongings. They want to come and retrieve their belongings ONE HOUR before that deadline passes 🙄. So I will have to drop my other plans and supervise that on Monday-I sure as heck am not going to give them an extension!

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  • Slackjawedyokel
    replied
    A quick update. It was two weeks yesterday since the eviction. I gave the ex-tenants 3 weeks to collect their belongings. Having heard nothing, I had a local house clearance chap up yesterday to quote for emptying the house (£1050; probably not too bad, but still over double the deposit).

    As someone (maybe jpkeates) suggested, I set up a burner email address so the tenants could contact us to arrange collection of their things-it hasn’t been used. Annoyingly, the gentleman tenant phoned my Mum yesterday; she was at a low ebb anyway, having just come out of the funeral of a lifelong friend. I think this man is an impotent bully who picks on people he thinks he can intimidate, usually women, hence he’s been aggressive with my mum and with my wife, but he’s only ever been polite/hectoring or a bit odd with me (a 6ft, shaven- headed farmer). He was wanting to arrange a removals firm to empty the house ‘for charity’ (lucky charity!), but he was also being quite rude and aggressive, slagging us off because we only gave them 2 weeks to move (well, yes; the court bailiffs gave them nearly 3weeks to move but the process kicked off in Oct 2019…), and that it was, to clean it up a bit, a ‘horrible damp house’ and how dare we house them in such awful conditions… Hmmmm… yet they were determined to stay there ‘til the bitter end? As I’ve said many times before, it’s a 100yr old cottage with 2ft thick solid walls. If it’s never ventilated, condensation settles in colder areas and causes mould, and boy these tenants could have set up farming the stuff😟. I still doubt there’s anything we could have done with these tenants in situ-I did consider installing a PIV system, but knowing these tenants it would have been switched off.

    Fortunately Mum is not easily cowed; it just came at a bad time.

    Anyway, Mum referred him back to the email address provided, but I’m not sure they are familiar with email technology. Still waiting for an email. If he is in touch, I’ll just have to lay down some strict ground rules, mainly
    1) Ex-tenants are not to enter the house or it’s garden.
    2) Ex-tenants are not to be rude or abusive.
    3) Failure to observe 1or2 will result in the immediate postponing of the collection until another day.

    I don’t like to be the sort of person that tells others what they can and can’t do, but it’s probably best to be a bit heavy handed in showing that we’ll take no more nonsense.

    I await an email!
    Last edited by Slackjawedyokel; 13-07-2021, 08:11 AM. Reason: Random spellcheck mistakes!

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  • jpkeates
    replied
    Originally posted by Perce View Post
    I was told by bailiffs that I need to wait for 3 months if I need to trace the tenant in future.
    I've been given the same advice in the past.
    The idea is that it takes a while for records to be updated and be available for people to find.

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  • Perce
    replied
    Yes. There are quite a few enforcements : bailiffs, charging order, bankruptcy, 3rd Party Debt Order, attachment of earnings

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  • OS7
    replied
    Perce what is a third party debt order - is it a type of enforcement?

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  • Perce
    replied
    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.

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  • Slackjawedyokel
    replied
    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!

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  • Slackjawedyokel
    replied
    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.

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  • ram
    replied
    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 !

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  • Slackjawedyokel
    replied
    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😕

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  • ram
    replied
    "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.

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  • jpkeates
    replied
    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).

    Leave a comment:


  • Slackjawedyokel
    replied
    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!)

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  • Perce
    replied
    Thank you OS7 and JPKeats.

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