Bailiffs

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    Bailiffs

    Our tenant has supposedly deposited money into our lawyers bankaccount today....bailiffs are due Monday at 2pm to gain possession. As yet the lawyer has not confirmed money has arrived - was sent bank to bank.

    However my lawyer is Mr nice guy and thinks the tenant is being honest and says we should delay the bailiffs for a short period as the tenant is saying he will pay the balance on Monday.

    So my question is. Firstyly I don't believe the tenant. We have been here before.

    Assuming he has paid but we don't get confirmation until MOnday can we delay the bailiffs at the 11th hour so to speak ie when they are physically at the property? I think we can but just want to check as my lawyer is saying we will have to delay the bailiffs today if that is the route we decide to take.

    #2
    You can delay them at the last minute if you want to. I'd wait until Monday. Your main problem would be getting hold of them, as they go to the court office first thing to get the warrants then they're out for the day.

    Can't the tenant provide proff the money was transerred?

    Comment


      #3
      Great thanks.....apparently the money has been recieved...not all outstanding rent but 60% of it. Lawyers have requested a delay of two weeks for the bailiffs to see if remaining money comes in.

      I agree with you why could the tenants not show proof the money had been sent....worse case provide cash.

      Anyway at least we have some of our outstanding money....so we are in quite a good position in as much as if they don't pay the rest we enforce the bailiffs in two weeks to get possession and we have got 60 % of the money...we are at least in a better position than we were a week ago.!

      Yippee!

      Comment


        #4
        May I ask was the court order for possession of your property or rent arrears?

        Comment


          #5
          Do you really want to keep a tenant who behaves like this with regard to his rental payments? You can be sure that he will pull the same tricks again if you let him off this time. I would be inclined to take whatewver money he offers and proceed with the bailiffs - after all you have already paid for them.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment


            #6
            I concur with P. Pilcher - in four or five months time you will be posting the same scenario on here again.

            HYou might come out as Mr/Mrs. Nasty here - but hey - its your £90,000 or more property you are protecting and you could always comfort yourself with the fact that even if the eviction had gone ahead without them paying any money they would still be liable for it and also - would they have paid this money anyway without you putting the matter into court - I think not!

            Comment


              #7
              As I am likely to be in at this stage shortly, can I ask, what does the bailiff actually do if he/she is just enforcing possession? Just deliver a piece of paper, or start moving stuff out?

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                #8
                The baliff will remove all persons on the property and return possession to its owner who can then change locks and make the property secure. Should any persons then attempt to re-enter the property without the owner's permission once this is done they are committing a criminal act.

                P.P.
                Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                Comment


                  #9
                  Just hoping they have the sense to leave before it comes to that, not a pleasant thing to happen to anyone.

                  Comment


                    #10
                    No it's not Caroline, but nor is having someone living in your property for free. In my experience, the majority of tenants leave before the bailiff arrives, even the ones that give it large about what they're going to do to the bailiff. The bailiffs job isn't moving furniture. They will stand there for a limited time while tenants move furniture out, but that's not necessary most of the time.

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