The bailiffs are coming - part 2 !!!!!!

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    The bailiffs are coming - part 2 !!!!!!

    Hi everyone,

    Didn't want to hijack the previous post - so a part 2. Bailiffs are also coming to our property!!!! i have just received an email and also checked the PCOL portal which confirmed the email. A month from today for me to sort everything. After 15 months of struggle......Finally it is here......

    And I feel worried - the tenants are at the moment paying me rent/ rent arrears with the help of benefits. rent arrears currently stand at just under £3000. There is a mediation agreement to pay rent arrears at weekly rate of £100. not ideal , but still better than nothing. I wonder if I can still enforce the agreement if they move and stop paying this. They have always been rude to me and insincere in their words. However they kept on top of their payments because of the mediation and council homelessness prevention team said that they will only help if they kept to rent payments. The homelessness team have been in touch with me as well to get updates from me. i guess I may have write this money off after they are evicted. Deposit is still in hand - can this be withheld towards rent arrears?

    At the end of the day, I will have my property back. I can at least move on with my life

    My query is will the tenants get a notification now. I am asked to confirm the appointment, so will the tenants get a notification after. It is just they react quite badly to these kind of things and start sending me nasty emails and threats. Never a positive communication....

    i am sorry if this email is a bit confusing - i am in a bit of confused state of emotions after the email from the bailiffs office. The bottom line is I am happy that there is going to be closure to the problem !!!!!!

    I also wish to say, incidentally, yesterday I sent an email to the bailiffs office to query where I am in the queue . It was just a polite email to say that I understand that there will be a delay and I just wanted to know the time frame of the queue. And then I get email from them with a date for the bailiffs' appointment................

    #2
    Originally posted by OS7 View Post
    Bailiffs are also coming to our property!!!! i have just received an email and also checked the PCOL portal which confirmed the email. A month from today for me to sort everything. After 15 months of struggle......Finally it is here......
    Congratulations, the end is in sight!

    i guess I may have write this money off after they are evicted. Deposit is still in hand - can this be withheld towards rent arrears
    Only with their agreement.
    Make the claim when the tenancy is ended and see what happens.
    You can claim the money owed via the courts system (although if the tenant has no money it's not likely to result in any payment any time soon).


    My query is will the tenants get a notification now. I am asked to confirm the appointment, so will the tenants get a notification after. It is just they react quite badly to these kind of things and start sending me nasty emails and threats.
    Once you confirm the date, the tenants have to be notified of the bailiffs attendance at least 14 days in advance.
    That's usually a communication to the people named on the warrant and one to "occupants of" the property.

    Other than abusive messages, another common response from the tenant would be to ask the courts to delay the execution of the warrant - but I suspect that this might not be possible given the massive delay in your case already.
    They might still try that though, because, why not?
    Can't see them succeeding.

    Book the locksmith and get your property back.
    I'd be ready to book cleaners and carpet cleaning as well, your tenants sound like the type of people who might consider "revenge".

    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


      #3
      Thanks #jpkeates

      The whole thing was section 21 standard procedure mandatory possession order . If this is the case, can tenants still ask for extension of the eviction. I assumed the only thing the tenants can do is to say they have covid 19 symptoms, which may result in the delay. initially they have had the full six weeks from court hearing to the possession date. This was requested for at court by their community legal assistant provided by the state!!

      I have to book a locksmith.

      My concern now, is : do i inform my tenants or do i wait for court letters to reach them and I don't say anything at all. I am wondering if i do give notice, then they may plan their move a bit better and leave ;I do not need the bailiffs to visit at all..... However I am concerned they may be given more time to plan their negative actions as well.

      Comment


        #4
        Personally I’d wait for the court papers to reach them , it’s the COVID thing that would worry me, anyone can say they have symptoms of COVID , but would they have to show positive test results to put off the bailiffs.

        Comment


          #5
          OS7 If the tenants have had 42 days from the hearing to the possession date, no they can't, realistically, request an extension.
          They may try anyway, but there isn't really any leeway for the courts to do anything.

          Apart from arranging the locksmith, I'd let the bailiffs sort everything else.
          There's nothing much you can do to change anything that happens and anything that you do can be misinterpreted.

          Most bailiff possessions happen at an empty house.
          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


            #6
            jpkeates

            Thanks for your kind words - yes you are right. I will let things be the way it is. one thing for sure, no more rental properties for me!

            Comment


              #7
              Originally posted by rob1648 View Post
              Personally I’d wait for the court papers to reach them , it’s the COVID thing that would worry me, anyone can say they have symptoms of COVID , but would they have to show positive test results to put off the bailiffs.
              the only thing which may work for me is that my tenants have already said they have been infected with covid 19 prior - that was one of their argument in the court hearing for extension of the possession date. I suppose, if they wish, they can still use the covid 19 scenario again

              i am double minded whether to write to them or not ...

              Comment


                #8
                Congratulations OS7. Such an excellent news. I would not do anything. Let the bailiffs deal with them. They will have 2 weeks to pack their stuff. Doubt they will use Covid card. Their days are numbered.

                Comment


                  #9
                  Originally posted by Perce View Post
                  Congratulations OS7. Such an excellent news. I would not do anything. Let the bailiffs deal with them. They will have 2 weeks to pack their stuff. Doubt they will use Covid card. Their days are numbered.
                  thanks Perce, it is such a relief!!! after all the nightmares and stress. I am just going to sit tight, i guess and let the actions unfold. Hopefully you will hear something soon....

                  In the interim i have queried the mediation settlement agreement by the county courts.As for the rent arrears, it was agreed at mediation that they will carry on paying me directly £100 per week even if they move out. And if they miss a payment, I can request judgment immediately and enforce the payment. I guess this would result in a ccj against my tenants and enforcement will only be possible if i know the tenant's address.

                  Roll on July....

                  Comment


                    #10
                    OS7 - Is there any chance for you to follow and see where they are moving to ?

                    They will pay as they don’t want a ccj.

                    You have done a great job doing everything yourself without a solicitor. You need to celebrate the end of the ordeal and relax now.


                    Comment


                      #11
                      Perce

                      Thanks.

                      follow my tenants - I don't think so. We live far off the property, and I rely on my agents for direct communication with tenants - which has been zero since the pandaemic. I will have to bite my tounge and hope the proceeds from eventual sale of this property would underwrite the rent arrears.
                      I think my tenants may leave before bailiffs arrive as they are quite proud people......and I know that their close friends live nearby as well.

                      fingers crossed....by this time next month I will be putting this property up for sale.

                      Tc.

                      Comment


                        #12
                        The bailiffs told me that it is possible to find the tenant’s new address but I would have to wait for 3 months to pass.

                        Once my tenant is out I will be selling too. I cannot even imagine going through this nightmare again. All my friends must be fed up with me because I cannot stop talking about my T.





                        Comment


                          #13
                          Part of , sadly, what any landlord must expect. Many here, including me, have had similar issues
                          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


                            #14
                            what a day it has been !!!! The tenants have made an application to suspend the eviction . Just received a call from court just now to appear at court next week . didn't think a section 21 eviction on mandatory grounds could be contested??? my nightmare continues.....

                            Comment


                              #15
                              Originally posted by jpkeates View Post
                              ...Other than abusive messages, another common response from the tenant would be to ask the courts to delay the execution of the warrant - but I suspect that this might not be possible given the massive delay in your case already.
                              They might still try that though, because, why not?
                              Can't see them succeeding.
                              From 15th June above.

                              It doesn't cost anything for the tenant to make this application and it's pretty common.
                              The court has limited scope to extend the possession to 42 days (which is where it began in this case), so I'm not sure there's actually anything the court can do, even if the "hardship" threshold is met.

                              Chances are you're going to spend 5 minutes in court while the judge reads the application and declines it.
                              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

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