Removing a tenant after receiving court eviction

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Removing a tenant after receiving court eviction

    Folks,

    I have read that the only people authorised to remove a tenant are court baliffs.

    I have received a court possesion order to remove my tenant but I doubt that he'll leave. I can't afford to wait upto 8 weeks for baliffs to remove him otherwise I'll go into arrears with my mortgage. If I gently persuade him to leave and he runs to the council what is likely to happen?

    #2
    Potentially a fine of up to 5k and 6 months inside for illegal eviction. Sorry to hear about your situation but it's not worth doing things outside the law!
    Borat hope his post are some help. Borat thinks people should double check anything someone who refers to himself in third person says...

    Comment


      #3
      I know it says that in black and white but I looked at the Shelter guide which quotes:

      Will the council prosecute my landlord?
      Although harassment and illegal eviction are both criminal offences, it is usually the council, not the police, who decide whether to prosecute a landlord.

      Although councils do take landlords to court, it is quite rare. It is more likely to happen if the harassment has been very serious or if you were evicted from a home where you had strong tenancy rights (such as a regulated or assured tenancy agreement).

      In some cases, the council might prosecute a landlord who they know has often behaved in this way with different tenants. The council will need good evidence in order to succeed in a prosecution, and this will include detailed statements from you, and anyone else who has witnessed the harassment or illegal eviction.

      So even after I have the eviction order (which surely does'nt give him tenancy rights) is there any chance that I could be prosecuted?

      Comment


        #4
        Originally posted by auto_detail View Post
        Folks,

        I have read that the only people authorised to remove a tenant are court baliffs.

        I have received a court possesion order to remove my tenant but I doubt that he'll leave. I can't afford to wait upto 8 weeks for baliffs to remove him otherwise I'll go into arrears with my mortgage. If I gently persuade him to leave and he runs to the council what is likely to happen?
        "Gentle persuasion"? You'd probably get prosecuted for illegal eviction.

        However, allegedly (and I use that word because it's just what I've read in this forum in the past, no more than that) once you've got the possession order you can wait until the tenant goes out, then you can nip in and change the locks on him. If you search the archives of this forum you should be able to find out more on that.

        Comment


          #5
          Actually IIRC the tenant has full tenancy rights up to the eviction by court baliffs now that 'tolerated tresspass' has been done away with*. It is possible that the Local Authority wouldn't pursue the legal action but the tenant could bring civil action for damages. The amount is likely to be small but depends if you want to take the risk. Just like if you steal something... the police quite possibly wouldn't do anything but would you take the risk??

          * Knowsley Housing Trust v White [2008] UKHL 70
          Last edited by Borat; 24-03-2009, 10:25 AM. Reason: Case law added
          Borat hope his post are some help. Borat thinks people should double check anything someone who refers to himself in third person says...

          Comment


            #6
            Contact Mortgage company and explain situation. They may give you a payment Holiday of a few months. Also call bailiffs for a cancellation.
            GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

            Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

            Comment


              #7
              Thanks for the replies folks.

              So am I right in thinking that once the court has issued the eviction order I can enter the property at my own free will? What rights does the tenant lose?

              Comment


                #8
                I understand it may take a while to get a date with the bailiffs but as someone else in this thread suggested keep calling them to see if they have a cancellation. I did, and i got a date a lot earlier than the usual 2 months or so timeframe.

                Comment


                  #9
                  Originally posted by auto_detail View Post
                  So am I right in thinking that once the court has issued the eviction order I can enter the property at my own free will? What rights does the tenant lose?
                  If you're responding to my previous post, then it doesn't mean that you can forcibly eject them, you'd have to wait until the property was empty... but I'm not advocating you just go ahead and do it - I certainly wouldn't use that route myself. But just pointing it out as something you might want to explore.

                  Comment


                    #10
                    Originally posted by auto_detail View Post
                    What rights does the tenant lose?
                    None see #5
                    Borat hope his post are some help. Borat thinks people should double check anything someone who refers to himself in third person says...

                    Comment

                    Latest Activity

                    Collapse

                    Working...
                    X