Warrant for Possession granted by court- What if Tenant refuses to budge?

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    Warrant for Possession granted by court- What if Tenant refuses to budge?

    Hi all

    Could someone please advise what happens if bailiffs attend property on warrant execution date and tenant has not left or refuses to answer the door?

    #2
    I am no expert on the eviction process, but you might find this thread useful:

    http://www.landlordzone.co.uk/forums...light=bailiffs
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Originally posted by Elizabeth M View Post
      Hi all

      Could someone please advise what happens if bailiffs attend property on warrant execution date and tenant has not left or refuses to answer the door?
      I am no expert either, but I recently did one and was advised to have a locksmith attend at the same time.

      The Bailiff will ask any occupants to leave the property and authorise the locksmith to change the lock.

      He is not authorised to remove the occupants by force if they refuse to leave and this is where I have no knowledge of what happens next.

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        #4
        I understand bailiffs will leave if prevented from evicting & another date made with Police attendance, not sure who sorts that out...

        Suggest you (anyway..) speak with bailiffs well in advance and have a locksmith with you: Understand it is recommended you (& locksmith) lurk round corner to avoid any doorstep confrontations & await OK from bailiffs...

        Most tenants leave before (possibly only 5 minutes before..) bailiffs are due to walk up the path...

        Hope it goes OK -
        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...

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          #5
          If you think there may be a disturbance, or strong resistance, you can call the police beforehand and ask them to attend.

          If the bailiffs can't arrange possession that day, they will arrange another date. A copy of the new date would be sent to the tenant and landlord as the first one was.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

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            #6
            Indeed only the police an use force to clear the place.

            If it is expected that tenants won't go quietly it may be a good idea to contact the police in advance for them to be there with the bailiffs.

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              #7
              All the above advice is reasonable. If you have grounds to believe the tenant may cause problems, call the bailiff in advance to discuss. They will then usually agree to the police attending and one of you will arrange this. Our local poice are happy to attend (it's a sad reflection on society that many evictees are also of interest to the police and it's a great opportunity for them to have a quick scout round to ensure the property is 'safe').
              You only need to be there to ensure you know your property is yours again. Do not get involved in any arguments, confrontation, negotiations etc. The bailiffs see this day in, day out. It's their job and there isn't many surprises left for them!
              In the unfortunate event that a tenant refuses to leave, you can call the police, however the bailiff won't usually be able to hang around. He may need to arrange another appointment. It is unusual for a tenant to not leave by this stage though. There are a number of 'tricks of the trade' which will get a tenant outside. I've seen one have a 'fag break negotiation' on the doorstep, as soon as the tenant crossed the threshold he was technically out the property and the door was nailed shut!!
              As previous posters have stated, you are unlikely to see your tenant on the day.
              I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

              Comment


                #8
                I agree with Darth Wookie. If you think the T might be difficult then arrange for the police to attend. Don't park your car near the property, keep a distance between you and the T, say as little as possible.

                If by any very slight chance all this fails, then the court will give you another date and the T will definitely be removed. I don't know how. This is the answer a judge gave me.

                I must disagree with Darth Wookie on his final point though, every time I've had to get the bailiffs in the tenant has still been packing and I've had to hang around, so take a book to read or a magazine and dress for the weather. Learn to change a lock yourself so the locksmith won't be hanging around and you save a bob or two! Oh yes, take a pack of black binbags with you as I can guarantee the T wont have enough!

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                  #9
                  My understanding is that if the bailiff can not remove the tenant he will return with the police - but that is likely to be the following day.

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                    #10
                    just joined forum and interested to see so many people have problems! I genuinely thought it was just me. I have received my bailiff date for feb 7th today in the post. I am so fed up as my tennant hasnt been seen since November. I have gone through legalities but my property now stands empty, no electricity or water. The tennant has left a few pieces of furniture a defrosted open fridge freezer full of rank and decaying food and several half cups of coffee with green mould growing on them. Neighbours either side, who by the way are members of the police force report not seeing tennant in weeks. She has passed on her key to her grandson who uses the house to indulge drug taking with friends.We have contacted the police to be told its a civil issue. We do not know where our tennant has gone and to be honest she has rarely stayed in the property since last August. We have had no rent in months and her grandson refuses to give us the key. I am disgusted with the attitude of the court as I have tried to tell them my concerns for my property. Once I get my property back I will not be rerenting it and wish I never had! When something like this happens it feels like everybody is against you and amazingly you have no rights.

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                      #11
                      County Court Bailiffs (in my experience) will not use force to remove people from a property they will call the Police for assistance and come back another day. From my knowledge there is nothing to stop the CC Bailiff from using force they choose not to and rely upon Police assistance.

                      A HCEO will however use "reasonable" force to remove, It's our company policy (as am sure other enforcement companies) in such situations to call the Police to assist us with the removal as things can get out of hand very quickly and end up a mass brawl.

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                        #12
                        Thank you all for your replies- my biggest concern is really that the tenant will not be present at the property on the eviction date and T's belongings will still be in property- in which case what can police or bailiff actually do? can they change locks and remove belongings to an external shed?

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                          #13
                          They will simply give you possession.

                          If you want to change locks, you can. If you want to move any remaining items into storage, you can. What you can not do is throw away the tenants property without following due process.

                          Some info/suggestions here http://www.landlordzone.co.uk/uncollected_goods.htm

                          Comment


                            #14
                            If they are not there, and it appears that all there belongings are there, I would not move anything out at that time.

                            If they have left everything, it is quite possible that they would be back later that day. If they come back later, I would tell them that they need to come back with a van and pick up all there belongings from the property in one go.

                            If it is already in storage, they will be more likely to pick up a few bits, and take their time moving a few items at a time, and eventually leave rubbish which they won't tell you that they don't want.

                            Of course, if your tenancy agreement doesn't contain information regarding how long you will keep any left belongings, you will have to store it for months, but it is not your job to tell them their rights.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

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                              #15
                              Thanks again for your help.

                              The tenant has not paid rent for 4 months and i understand from reading numerous posts on this site that it is not going to be easy for me to claim the deposit from dps in lieue of unpaid rent. As i followed the accelerated possession sec 21 route and the tenant is due to be evicted in 12 days what would be the best and most affordable route to take now with regards to claiming back the deposit? i know of a possible forwarding address and also the tenant is a subcontractor to a local organisation if this helps?

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