Imminent eviction

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    #16
    Originally posted by Perce View Post
    JPKeats - thank you. What are the chances for the eviction to be delayed ?
    There shouldn't be any scope for delay, the maximum is 42 days and you're way past that.
    The scope for delay is exceptional hardship and the things cited shouldn't matter, because a delay won't change them.
    The tenant is going to be homeless at some point, because you've been awarded possession of the property.

    You might have to point that out to the judge.

    Check the long email for anything that a delay might help (I'm expecting a shed load of money in a week, a new property has been arranged for three weeks time - those are the things the judge might act on).

    The rest should have been dealt with at the hearing, the judge shouldn't be rehearing the original case.

    Breathing space isn't an option unless the tenant is in a debt management process already - the mental health aspect is an add on to that basic criterion.

    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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      #17
      Thanks JP Keats. I have an advocate who will represent me.
      He does not see in his application anything
      which might delay an eviction. I can only hope for the positive outcome. Sleepless night guaranteed.

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        #18
        Don't sweat it.

        This happens so often, it's a hail mary attempt when everything else is exhausted and it only costs £14, so why not try it?
        It must be a complete pain in the backside for a judge (who has to read the rubbish that the tenant types!)
        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


          #19
          T. claims he has no money to move because I froze some money in his account. I don’t know how the judge will look at it.

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            #20
            I have found this info

            “The court can't stop the bailiffs if all of these apply:In my case there was no hearing as it was S21 accelerated and the tenant did not contest it.

            So it looks like the court can stop the bailiffs ?

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              #21
              Tenant is able to appeal court order (eg s21 invalidity ) up to time bailiffs walk up garden path. V unlikely, unlikely court would agree challenge, but theoretically possible.

              Wait 'n see
              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...

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                #22
                Hi All

                Judge dismissed the application this am to suspend the eviction saying S21 is a mandatory ground and bailiffs attended shortly. I allowed the T. only today to remove his stuff. He is removing it all day and still has not finished. I have to be there and watch as advised by bailiffs.

                The bailiffs said I can only keep things for 7 days but he is allowed only once into the flat.

                Very exhausting day.

                Thank you All for your support and advice. It would have been very difficult without this forum to deal with my eviction.



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                  #23
                  What does tenancy state about how long you can keep stuff please?

                  Well done getting the key result.
                  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...

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                    #24
                    Theartfullodger - I will have a look later and tell you. Very difficult day,

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                      #25
                      Excellent result Perce! Well done.

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                        #26
                        Originally posted by theartfullodger View Post
                        What does tenancy state about how long you can keep stuff please?
                        What do yours say Artfull please?

                        I'm pretty sure the NRLAIVF (or whatever they call themselves nowadays) is silent on the matter.

                        I'd check the government model agreement myself but I'd lose the will to live sifting through it.

                        It seems the bailiffs have set out that they think 7 days is reasonable in this case.

                        Obviously it's not legal authority but I doubt a claim for leaving behind a Rolex and a 50 inch plasma would succeed.

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                          #27
                          Originally posted by boletus View Post

                          I'd check the government model agreement myself but I'd lose the will to live sifting through it.
                          It says the landlord will remove and store for one month.
                          -Another good reason not to use it.

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                            #28
                            Originally posted by boletus View Post

                            What do yours say Artfull please?
                            ...................
                            Dunno, provided by agents in all cases currently: Yes I probably should check. Mind you it took 3 months to persuade an agent to include info last time it was critical..

                            A recommended additional term to the standard PRT up North that I've seen says....
                            Abandoned belongings - The Tenant will be responsible for meeting all reasonable removal and/or storage charges incurred by the Landlord when belongings are left in the Let Property. The Landlord will remove said belongings and store them for a maximum of one month. The Landlord will notify the Tenant at his last known address. If the belongings are not collected within one month, the Landlord will consider same to be abandoned and will dispose of the items. The Tenant will be liable for the reasonable costs of disposal which may be deducted from any funds arising from the sale of the belongings or the deposit.
                            I merely provide this as illustration, not as recommendation nor to avoid.

                            Cheers!
                            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...

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                              #29
                              My tenant was packing for 2 days after the eviction. I helped him at the end to pack to speed up the process. Did not give me his forwarding address saying my friends bailiffs will help me. The guy has definitely some mental issues. He was crying and I had to calm him down. Everybody tells me I should forget and start renting out again. It is impossible to forget how difficult the whole process of eviction was and the tenant I had to deal with. I will refurbish the flat than decide. I prefer to keep it empty now. It is unacceptable that landlords who provide such a valuable service should be held in such contempt by so many organisations. The whole process starting from issuing s21 notice took 16 months.

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                                #30
                                Good work Perce, you got there in the end. It must have been long tiring journey - close to my own heart. Treat yourself to a weekend away and decide what you want to do. The main thing is that you have your property.

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