Court order given

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    Court order given

    So finally got a court order given to re-posses my house again from the tenant - which is 7 days.

    My tenant is a bit of an idiot and kept on asking for an eviction notice, so he's trying to be as difficult as possible.

    Just spoke to him on the phone and he's being difficult again i.e. hanging up on me etc. I just called him to tell him the outcome of the court as he didn't appear at the hearing today.

    What's the next step from here? I guess if he doesn't leave i can apply for a bailiff which will take 4/10 weeks. But can he also appeal the possession order?

    Will i be able to get possession of the property after the 7 days?

    Thanks!

    #2
    7 days? I thought the minimum was 14 days.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      He did write 14 initially, once he asked me if the full rent was being met i told him it wasn't - so he marked it down as 7..

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        #4
        You have to apply for county court bailiffs. Depending on which court it is, it could be anytime between 3-6 weeks.

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          #5
          Which i need to do once the 7 days is up i assume?

          I have a feeling he's going to do damage to teh whouse - he can possibly even lift the boiler/house goods to make money out of it.

          He's already in arrears so i don't think he'll be getting back his deposit.

          Before someone asks me why i put him there - i didn't. He was already in there when i bought the house!

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            #6
            I wouldn't bother pestering him any further. Leave him alone (he might think you've given up and be lulled into a false sense of security?!) and just let the bailiffs do their job.
            '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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              #7
              But then again, what kind of security do i have of him just lifting up the boiler and taking it for example - i can imagine he'll make as much money as he can from even scrapping things!

              Arrrgh - he's becoming a real headache. I'll be changing all the locks once he's out.

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                #8
                Any tenant of any background may (or may not...) steal items or wreck the place: Your "security" is the deposit & legal processes as with anyone else, as well as the checks you carried out when you chose him as you tenant and you decided to invite him to sign your tenancy which included the clauses you decided on.

                I had carpets stolen, ripping storage radiators off the wall by a middle-aged English grandmother hospital finance worker. That I failed to fully check on & then chose her as my tenant and decided to invite her to sign my tenancy which included the clauses I decided on. And I then pursued through the courts using the standard legal processes and have recovered a few £k so far: And every time I see her I cheerfully hail her & thank her for the money, with a smile & a wave.
                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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                  #9
                  Originally posted by mind the gap View Post
                  I wouldn't bother pestering him any further. Leave him alone
                  Agreed. At this stage the more you hassle him - which will have zero positive effect anyway - it's possible the more vindictive that could make him, and the more likely that your place gets trashed. As already advised, you have absolutely no protection against that happening (all you can do is react after the event) so anything you can do in an attempt to minimise the chances have to be worthwhile.

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                    #10
                    theartfullodger,

                    Like said previously, he was already in the house when i bought the house and i continued renting with him. But since the housing benefit cuts have come in to place he's been in arrears as he doesn't want to pay out of his own pocket.

                    He's asked for eviction notices about 6 months ago but the only eviction notice would be from the court? I've sent him arrears reminders which he could of gone to the council with and a reminder saying that i will be evicting him if payment doesn't come through..

                    If it's the case where he does rip things off to take/scrap - will i be looking to claim through small claims court (depending on damages)?
                    So as it stands at the moment he's in arrears for as much as his deposit and he's probably also going to trash the place which means i'll be loosing a lot of money!

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                      #11
                      For quicker (if more expensive) eviction, look at High Court Enforcement Officers who could have him out within a week or so of the possession date. Did you ask the judge for permission to do this at the hearing? If not, you will have to ask for the order to be varied (once the possession date has passed) and that will cost £40. The judge does not have to agree.

                      As Artful says - the legal process is there for all of us to use. If they have no money then it can be difficult (blood/stone!) but the time to worry about that is when you are checking out your prospective tenant and ensuring you have sufficient security etc to minimise any risks before you even offer a tenancy. Too late now to do anything other than cross your fingers. Maybe you have insurance for malicious damage by tenants?

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                        #12
                        Originally posted by realist View Post
                        If it's the case where he does rip things off to take/scrap - will i be looking to claim through small claims court (depending on damages)?
                        So as it stands at the moment he's in arrears for as much as his deposit and he's probably also going to trash the place which means i'll be loosing a lot of money!
                        It would be theft and criminal damage.
                        Report it and don't be fobbed off with it being just a civil matter.

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                          #13
                          Court order given

                          Court order was given for 7 days and it's due to end tomorrow.

                          What rights do i have as a landlord to go to the property to claim posession of the property?

                          Is it a case that i make entry with out any notification, or will i have to notify?

                          If it's a case of no notification and the tenant is still in the property and he asks me to leave - will i then have to apply for baliff/court officer to make the tenant leave?

                          Thanks in advance.

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                            #14
                            It is his home, his property, until bailiffs evict him.

                            Suggest you do not allow yourself in unless you wish to perhaps to be accused of harassment or illegal eviction (criminal offences)

                            Cheers!
                            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...

                            Comment


                              #15
                              How would i know if he's left the property then?

                              Comment

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