evicting without bailiff

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  • evicting without bailiff

    Could someone please explain procedure for evicting a tenant using a bailiff?
    I have got an appointment with bailiff to attend the property on the 29th March for execution of warrant for possession or delivery.
    Can the tenants refuse to let us gain entry, or simply not answer the door? Could we gain entry and change locks?

    Thanks for any help

  • #2
    The bailiff will not physically evict your tenants, if they don't go voluntarily then the bailiff may 'retire' and return with a police escort. This may or may not be the same day.

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    • #3
      evicting without bailiff

      Hi,

      could someone please confirm if the following is correct?

      I have heard that once the possession date is passed, if you gain entry whilst the tenant is out, and change the locks, then this is acceptable?

      regards

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      • #4
        if they do not open door can i gain entry?

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        • #5
          You will take instructions from the bailiff, who will decide whether it is safe to do so. If there is a drunken person wielding a machete on the other side of the door he may decide it isn't wise. On the other hand, if the place looks empty . . .

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          • #6
            Am I legally allowed to gain entry and change locks myself (without bailiff) now that I have possession order. obviously tennant would have to be out??

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            • #7
              I saw your other thread but didn't answer it because I too have heard this but I do not know if it is legit.

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              • #8
                No

                Originally posted by chris00 View Post
                Am I legally allowed to gain entry and change locks myself (without bailiff) now that I have possession order. obviously tennant would have to be out??
                NO

                Wait,let the Bailiff do there job and give you back possession of your property.
                Thunderbirds are go

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                • #9
                  Originally posted by 45002 View Post
                  Wait,let the Bailiff do there job and give you back possession of your property.
                  While I agree that chris00 should be careful, the suggestion was originally made by a 'topic expert' on this site, so there could be some truth in it.

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                  • #10
                    will bailiff force entry if no one answers the door?

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                    • #11
                      Originally posted by chris00 View Post
                      will bailiff force entry if no one answers the door?
                      Force used by a Bailiff must be reasonable, Usually a locksmith will be called at your expense.

                      If the tenant refuses to leave the Bailiff has the right to use reasonable force to remove them, it's good practice to have the Police present to prevent a breach of the peace and to ensure the Bailiff is not hindered while carrying out his/her duty. As the Bailiff is an officer of the Court he/she can instruct a Constable to assist with the execution of the order.

                      Just out of curiosity how long has it taken for the Bailiff to attend???

                      Regards
                      Daniel

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                      • #12
                        I would seek legal advice or just wait for the Bailiff as you could end up in trouble or on the end of a County Court Claim.

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                        • #13
                          just under a month, which is very good according to others who have had to wait much longer.

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                          • #14
                            That is good.

                            I've heard of people having to wait up to 3 months for the Court Bailiff, I can't imagine having to wait that long to get someone out of my property especially when they are not paying either!!

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