Can L take possession as soon as Court orders it?

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    Can L take possession as soon as Court orders it?

    Hi I hope someone can help me ......
    I have a accelerated repossession order for the tenant to leave tomorrow. Can i enter the property the day after and change the locks...... I dont want to wait for the bailiffs to come in as they have such a waiting list and we have run out of money and need desperatly to try and rent the property out again. Ive been told the tenant is moving tomorrow but she is doing everything she can to make this as painfull and drawn out as possible...
    She has no intention of giving me the keys or confirming, direct to me that she is leaving...
    pls, any advice

    #2
    sorry but the deadline must expire then lodge an application for court bailiffs to attend. You cannot jsut change the locks ithink you would be running the risk of an illegal eviction claim.

    Depending on your area and the bailiffs caseload it may happen quickly - maybe 1-2 weeks
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

    Comment


      #3
      Once the Possession Order takes effect then they are no longer tenants and therefore cease to have the protection of the Housing Acts and Landlord & Tenant Acts.

      If the premises are left unattended then you could possibly enter with your own key and take possession. There is an article on this in an archived issue of the Lettings Update Journal and you might be able to locate it on their past issues page. Look in www.letlink.co.uk
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Originally posted by Paul_f View Post
        Once the Possession Order takes effect then they are no longer tenants and therefore cease to have the protection of the Housing Acts and Landlord & Tenant Acts.

        If the premises are left unattended then you could possibly enter with your own key and take possession. There is an article on this in an archived issue of the Lettings Update Journal and you might be able to locate it on their past issues page. Look in www.letlink.co.uk

        I seem to remember there was an issue on any contractual clause for peaceable re-entry in respect of residential property being unenforcable. Particularly if possessions are left within indicating an intention to return.

        Once the tenant is subject to an eviction date by my recollection they become a trespasser, but are still protected by the Protection From Eviction Act
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

        Comment


          #5
          Hi

          Paul is right that a trespasser can be a residential occupier under the P from E Act and so enjoy the protection which it offers. The only safe way you can enter into possession after the date for possession on the court order without employing a bailiff is if they have ceased to be a residential occupier - in other words that they have ceased to live there.

          The evidence to look for when deciding whether they are still occupiers is all fairly common sense stuff; are they paying you anything, are their belongings still there, what have they told you, what have they told neighbours utility suppliers etc, is their mail going there, etc.

          In my working life this is a judgement we make on a regular basis and nearly always get it right; in my life as a buy to let landlord however, I would be more cautious and only enter into possession if the evidence is really very clear cut. Otherwise, I would wait for the bailiff.

          Good luck

          Preston

          Comment


            #6
            I agree that due to sec 3 of Prot from Eviction Act 1977 that it is much safer to get the Court Bailiff to enforce the possession order.
            ****************************************

            If you are unsure about what to do seek professional Legal advice.

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