warrant of execution - eviction by bailiff particulars

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    warrant of execution - eviction by bailiff particulars

    Hello All,

    Just a few questions if I may.

    I went through the accelerated procedure and the courts have said my tenant must leave by 30 November. He has called me to say he is finding it very hard to find a new place. He has a care coordinator at the council who has also contacted me to say the same thing.

    That's the background. Also, this tenant has made a bit of a mess of the place, is always blocking the toilet etc, so in short, I have made it clear several times that some of these costs will be coming out of the deposit because it is not fair, wear and tear, but that is such a ridiculous grey area. Neither the tenant nor the council care coordinator ever respond to my very flatly stated emails for a response on this.

    However, they have asked if they can have 'more time' to find the tenant a new home. I am not about to say yes just to void the section 21 and all i have been through to this point, because i'm sure some lawyer somewhere could argue that is an oral short tenancy of some sort or something. I just don't want to do that! These people can be very cunning.

    But i do want my to have agreement on the deposit to save wranglings there later, so maybe this is leverage?

    My thought is that maybe i can have a telephone conversation with the care officer and let him know that i might be able to approach the court for warrant of execution a little later than sooner if i have a written email from him confirming the deposit / inventory matters (around 500 quid worth). But is there a timeframe in which I must submit the N325? I don't want to do anything to undo the progress made.

    The tenant is on HB so the rent is being paid. That is not the problem, working with the council and the tenant himself has always been the problem. I'd drag my feet a little over the holidays for the deposit issues to be sorted, but not to jeopardise the entire process.

    Any insight welcome!

    #2
    Originally posted by Conflicted View Post
    I went through the accelerated procedure and the courts have said my tenant must leave by 30 November. He has called me to say he is finding it very hard to find a new place. He has a care coordinator at the council who has also contacted me to say the same thing.
    My take on this is that you have no choice. You must want the property vacated, hence the court order.

    As the court bailiff will take a minimum of 4 weeks, and as in your case it will then be Christmastide, I doubt you will get a bailiff date before mid-January. This will allow the tenant plenty of time to sort out alternative accommodation. Also, having a bailiff date will concentrate the mind of any other agency trying to help him find another place to live.

    Apply for a bailiffs warrant on Wednesday 1 December without fail.
    On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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      #3
      From when I applied for a Warrant of possession to the date it was served (baliff) took me 8 weeks and you will have to contend with Christmas! Do not delay. The system has enough delays.

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        #4
        Oh!

        was hoping i'd have some leverage, but no!

        I won't delay - thanks!

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          #5
          well you could always tell him you will wait until january and use that (even though you couldn't get the baliff there before Jan anyway).
          However he may agree to deductions now and then change his mind later. However you are no worse off! Oh I am so devious I shock myself sometimes....
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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