Don't want to wait for the bailiffs

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    Don't want to wait for the bailiffs

    Court granted me a possession order for 20th (last Monday) after rental arrears since last January. I told the tenant that I would be arriving at the property to take possession at 10 a.m. on 27th, giving her an extra week. Tenant had requested extra time from the Court but it wasn't granted. I have just received a telephone call from the tenant to say that she will not be leaving and she will not let me in if I arrive in the morning. How far can I go to gain possession. I have requested a police presence. I do have the bailiffs booked but their earliest date is the 7th Dec and I need to move on. Already £2K rent arrears plus, plus!

    #2
    You cannot evict them by force, or you will get into trouble.

    The correct procedure is to do it through the bailiffs.
    All posts in good faith, but do not rely on them

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      #3
      Sounds to me as if your tenants have been advised to stay until the bailiffs arrive - possibly by their Local Council Housing Department or even Shelter - in which case they will by now know the correct way you should be proceeding.

      Which is exactly as Bel has stated. Anything less than this could be construed as illegal eviction, police presence or no police presence.

      For the sake of 10 days, you would be better off waiting and doing it properly rather than risking a heavy fine or worse ...
      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

      Comment


        #4
        I think there is a bit of confusion about bailiffs. A bailiff is simply someone acting on your behalf to collect a debt or evict someone from a property. There are I think 2 Associations of bailiffs though not all bailiffs are or need be members. See

        http://www.insolvencyhelpline.co.uk/...-guide.htm#bg3

        In the case of an eviction with a repossession order, the person performing the eviction ('the bailiff') can use reasonable and necessary force to make entry and reclaim the property. The tenant does not need to be present. The police can be used only to prevent a breach of the peace or an assault. See the Shelter site

        http://england.shelter.org.uk/advice/advice-2912.cfm

        If you're at all unsure of the legalities concerning bailiffs then use a professional firm.

        Comment


          #5
          If I understand the law correctly, the only bailiffs who can enforce a possession order issued by a county court are the bailiffs retained by that county court.

          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
            Can someone tell me the form I need to instruct bailiffs following a possession order

            Comment

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