T leaves day before eviction and DPS reclaim process

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  • T leaves day before eviction and DPS reclaim process

    Hi all

    My T is going to move out a day before the bailiffs is there a letter or wording I can get them sign to verify they have given back possession so I don't risk getting prosecuted for going into the property ahead of the possession.

    Also if I need to hold back all of the deposit as due for rent and damages, would it be better to get the T's ID code (for the DPS) or is the single claim process the only option. I have had to go down the S21 and bailiff so will the DPS want more and more information i.e. back up schedules for rent arrears and will it take me months to get the money. The T is being put up in a B&B and doesn't have a "perm" forwarding address to give me?!


  • #2
    If they are moving out the da before bailiffs, let the bailiffs obtain possession for you.

    You are not entitled to the tenants deposit ID code (and even if they gave it, they could phone up and have it changed). Follow standard DPS claim process, if tenants don't respond to it then you can instigate the single claim process.

    DPS will attempt to contact tenant by email and mobile phone.

    When you submit your initial claim for rent you can simply state how much you want to retain (all!) and what for - rent. If it goes to arbitration, you will need to provide a rent statement. A claim for rent through the deposit schemes is quite straightforward.

    Maybe tenant can give you a fixed address where the DPS (and you) can contact him - maybe a friend or relatives address? If he can give you this, try and get it in writing that that address is okay to use.


    • #3
      Being "put up in B&B" sounds like local council is investigating their homelessness claim see..
      - but if T hadn't been paying rent they'll eventually be found "intentionally homeless" and park-bench/mum's sofa for them..

      Yup, perm address unlikely...
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


      • #4
        Ask T to return the keys to the bailiffs on the day they propose to leave. That then saves the bailiffs attending and you know there is very little risk of a claim for illegal eviction.
        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.


        • #5
          Originally posted by Paul Gibbs View Post
          Ask T to return the keys to the bailiffs on the day they propose to leave. That then saves the bailiffs attending and you know there is very little risk of a claim for illegal eviction.
          What's to stop the tenant retaining a set of keys and not moving out?

          I would proceed with the bailiff appointment.


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