another s.21 related thread

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    another s.21 related thread

    I've had a look at the many threads regarding s.21 issues and whilst they have been very helpful (and reassuring!) they do not quite cover the situation I have.

    Basically, my tenant - terrible payer from the start (Feb 05) - "disappeared" in July this year. I have tried contacting him on numerous occasions since then, but to no avail. I can only assume he has returned to his native China and is not coming back. Anyway, having gone down the s.21 accelerated possession route, I received the court order last week stating that the tenant must give me possession on 14 December.

    The problem I have is that even though the tenant himself is not actually at the flat, and hasn't been there since July as far as I can tell having spoken to his neighbours and the porter at the block, his possessions are still there and there are literally hundreds of unopened letters.

    So having received the court order, can I now enter the flat seeing that my tenant has "abandoned" it? Or do I still have to get the court bailiffs to go round (but there is no one to evict, etc)? Any advice would be greatly appreciated!!

    #2
    As from the 14th of December, provided the tenant is not in residence, you may legally enter the premises and change the locks. Court bailiffs are only required if the tenant actually requires removing.
    I understand that the tenant's possessions must be kept for a period of three months and every effort taken to inform the tenant of their whereabouts. This is accomplished by sending two separate notices about this to the tenant's last known address. As your repossessed property is this, a notice affixed to the outside of the front door satisfies this requirement. After three months these possessions can be disposed of to defray storage costs.

    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.

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      #3
      That's great, many thanks! I was just concerned that a bailiff is needed in all cases, whether or not the tenant's in residence!

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        #4
        Bailiffs are only necessary when the tenant does not leave voluntarily or unprompted once the court order has been issued.

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