Property damage on eviction

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    Property damage on eviction

    I have bailiffs going around to evict some tenants at one of my properties soon.It is likely that the tenants will be there and will resist the bailiffs in their entry of the property,causing more damage than would otherwise be the case.The best way to enter is to break a small window which comprises a part of the bay window and fully open the side bay window by reaching inside.I am pretty sure that the tenants will prevent this which means that two doors will have to be forced causing damage of about £1000.Are the tenants liable for the extra damage either criminally or in terms of compensation for repair or replacement?Thanks for any help.

    #2
    Awkward

    Tenant liability aside, do you think you will be able to recover these monies?

    I have no doubt that you could pursue the tenants for damages but will these be paid?
    For the avoidance of doubt, I am not a solicitor nor a specialist. I have simply spent many years in the business and am expressing my opinions. I would urge caution to any individual using these forums as a sole basis for decision without first speaking to a solicitor.

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      #3
      Bailiffs are well versed in this scenario. That's part of what they do for a living after all. Just let them get on with the job and you might be surprised!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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        #4
        Just out of interest Jim, and I am absolutely gutted for you that all this has happened to you, I know if it was me I would be very stressed, but on reflection, what do you think you could have done differently to prevent this situation, for the benefit of future readers.

        Many thanks

        Darren

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          #5
          It's just a matter of not being generous I suppose.Take references and act quickly as soon as there are any problems.I have dilly dallied for several months.If you do this some tenants just treat you as a 'push over'.I think it's possible to be unlucky but with these tenants there were early warning signs.I am unhappy about the situation but it is a hard lesson well learnt I hope.I believe criminal record checks are available quite cheaply so I will definitely be using those in future.Perhaps one of the forum experts could confirm this.

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            #6
            mjpl

            I hate to preach hersey on this site, but it is one of the reasons to use reputable agents.

            The problem is that it is human nature to be helpful wherever possible, especially if you want to be a good landlord. Sadly tenants will take advantage of your good nature.

            As an agent we have learned that contracts and terms of bsuiness are more important than generosity. Equally, tenants don't expect us to be nice.
            For the avoidance of doubt, I am not a solicitor nor a specialist. I have simply spent many years in the business and am expressing my opinions. I would urge caution to any individual using these forums as a sole basis for decision without first speaking to a solicitor.

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              #7
              Im not convinced of that, and I do note that you use the term reputable agent, but you could say use only reputable tenants, you still need to check out the agent and they only go so far in helping if you have problems. Many people wont use agents because of all the issues raised on these boards and the fact you are paying at least 10% for the privilidge. I agree that very green LL's or those who cant be bothered to learn the business are advised to use a reputable agent, but, with experience and being carefull and gaining advice from the likes of Jims bad experience, there is no reason not to DIY.

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