What happens after the repossession order?

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    What happens after the repossession order?

    My tennants haven't paid rent for many months and yesterday at court a repossession order was given to get the property back. The judge said that the tennants would get 14 days to move out and if they didn't move then I would have to apply for the baliffs to remove them from the property.

    I have a couple of questions.

    Firstly, after 14 days I presume the house is legally mine again, in which case would I not be able to just go and change the locks on the property? (I'm fairly sure I can't do this, but if I can't, then why can't I?)

    Secondly, I know that these tennants will not move out after 14 days and I was wondering if it would be possible to make an application for the baliffs now, (before the 14 days are up) so that if the tennants do not move out on the 14th day then the baliffs could go in on the 15th day rather than have any further delays, as I believe it can take up to 4 weeks to get the baliffs involved? (Again, I'm sure I can't apply to do this early, but if I can't, then does anyone know the reason why?)

    Hope this makes sense, and thanks in advance for any responses.

    #2
    Originally posted by Daisy1 View Post
    My tennants haven't paid rent for many months and yesterday at court a repossession order was given to get the property back. The judge said that the tennants would get 14 days to move out and if they didn't move then I would have to apply for the baliffs to remove them from the property.

    I have a couple of questions.

    Firstly, after 14 days I presume the house is legally mine again, in which case would I not be able to just go and change the locks on the property? (I'm fairly sure I can't do this, but if I can't, then why can't I?) because its the law in this country otherwise why bother going to court to get possession just change the locks after the S21 expired! You have to abide by the law so just wait for them to go

    Secondly, I know that these tennants will not move out after 14 days and I was wondering if it would be possible to make an application for the baliffs now, (before the 14 days are up) so that if the tennants do not move out on the 14th day then the baliffs could go in on the 15th day rather than have any further delays, as I believe it can take up to 4 weeks to get the baliffs involved? (Again, I'm sure I can't apply to do this early, but if I can't, then does anyone know the reason why?) you cant apply for a bailiffs now on the assumption that your think the tenants wont leave, wait till the date, if they are not gone then apply for the order

    Hope this makes sense, and thanks in advance for any responses.
    have some patience, do things the right way and you will be rewarded with an empty house!

    Comment


      #3
      Originally posted by Poppy35 View Post
      have some patience, do things the right way and you will be rewarded with an empty house!
      Lol, I suppose I will have to be patient and wait. Unfortunately they are the tenants from hell who have trashed my property and threatened and intimidated both myself and the neighbours, thus I'm finding it a little hard to be patient as I really want them out of my life as soon as possible.

      Thanks for your reply though. :-)

      Comment


        #4
        Another question though :-)

        If the 14 days expire and the tenants do actually go then what happens then? I'm thinking that the tenants won't come to me and do an official handover, or hand the keys back or anything, so unless I go and let myself into the property after the 14 days, (which I presume I can't do anyway) then how do I officially get the property back? Or is it the case that I would still have to apply for the baliffs if there hasn't been an official hand over of the keys?
        Again, hope I am making sense. Sorry if my questions seem a bit stupid, I haven't done this before as you can probably tell!!

        Comment


          #5
          Originally posted by Daisy1 View Post
          If the 14 days expire and the tenants do actually go then what happens then?
          Then you have your property back.

          Originally posted by Daisy1 View Post
          I'm thinking that the tenants won't come to me and do an official handover, or hand the keys back or anything, so unless I go and let myself into the property after the 14 days, (which I presume I can't do anyway) then how do I officially get the property back?
          Write to them (with proof of posting) and outline a check out process for the day -mid afternoon-ish, and turn up. That way you know if they intend to stay and wait for bailiffs, or if they turn tail and run.
          If T has vacated and property is empty, and you have a key, then let yourself in-and change the locks anyway. If its empty and you don't have a key to get in, you will have to get the locksmiths out to get you in.
          Either way, change the locks promptly.

          Comment


            #6
            I'm interested in the same as Daisy - So if you do as suggested, and turn up on the day and no-one answers the door. How do you know it is safe i.e. legal to let yourself into the property to change locks etc? What if the curtains are closed?

            Comment


              #7
              Originally posted by havensRus View Post
              Then you have your property back.



              Write to them (with proof of posting) and outline a check out process for the day -mid afternoon-ish, and turn up. That way you know if they intend to stay and wait for bailiffs, or if they turn tail and run.
              If T has vacated and property is empty, and you have a key, then let yourself in-and change the locks anyway. If its empty and you don't have a key to get in, you will have to get the locksmiths out to get you in.
              Either way, change the locks promptly.
              Thanks, that sounds like a very good plan of action. Think I will send someone else round to check they have gone on the day as no doubt I will get lots of abuse from them if they are still there!

              Comment


                #8
                Originally posted by caddyrj View Post
                I'm interested in the same as Daisy - So if you do as suggested, and turn up on the day and no-one answers the door. How do you know it is safe i.e. legal to let yourself into the property to change locks etc? What if the curtains are closed?
                This is a good point. What happens under these circumstances? I presume unless you are 100 % certain they are gone then you can't access the property? Does anyone know the answer to this? Many thanks.

                Comment


                  #9
                  Originally posted by Daisy1 View Post
                  This is a good point. What happens under these circumstances? I presume unless you are 100 % certain they are gone then you can't access the property? Does anyone know the answer to this? Many thanks.
                  Assuming PO (possession order) has expired:
                  • Do all you can to ensure that the property is empty, e.g. ask neighbours; try to get statements from them to that effect.
                  • Take along an independent witness, a copy of the PO, a camera and a copy of a national newspaper of that date.

                  (1) Knock on the door of the premises. Wait 5 minutes.
                  (2) Repeat (1). If no reply, enter the premises:
                  (a) Take note of any possible signs of occupation - if there is, make a quick exit! You will then need to apply for a warrant of possession and bailiffs will evict the tenant.
                  (b) If property is vacant, take a photo of an obvious room, e.g. kitchen in the background and the national newspaper with date clearly visible. Also, your witness should sign a dated statement to confirm this.
                  The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                  Comment


                    #10
                    Originally posted by tom999 View Post
                    Assuming PO (possession order) has expired:
                    • Do all you can to ensure that the property is empty, e.g. ask neighbours; try to get statements from them to that effect.
                    • Take along an independent witness, a copy of the PO, a camera and a copy of a national newspaper of that date.

                    (1) Knock on the door of the premises. Wait 5 minutes.
                    (2) Repeat (1). If no reply, enter the premises:
                    (a) Take note of any possible signs of occupation - if there is, make a quick exit! You will then need to apply for a warrant of possession and bailiffs will evict the tenant.
                    (b) If property is vacant, take a photo of an obvious room, e.g. kitchen in the background and the national newspaper with date clearly visible. Also, your witness should sign a dated statement to confirm this.
                    Thats fantastic advice, many thanks, its much appreciated!

                    Comment

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