Baliff has set eviction date

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    Baliff has set eviction date

    I have gone through the s21 route and I have finally got to the final stage where the baliff has set the eviction date. By using the "accelerated" procedure it has taken me 6 months from the date of issue of the notice to get to this point!

    I have the following questions:

    1) Is there any way that the tenant can get the eviction date delayed?

    2) I think the tenant is going for a council house. She has 3 kids. Is the council likely to house her a few days before the eviction date or will I actually end up evicting her?

    3) If I find that she leaves early, can I take possession before the eviction date and just change the locks?

    4) Once I get possession of the house, if the tenant has left any belongings behind what do I do with them? Can I just throw them away?

    Thank you.

    #2
    If the bailiff has set an eviction date, then I should sit back and wait. Your bailiff's fee is not refundable and there is always a chance that this "professional tenant" has deliberately made it look as though she has abandoned the property to tempt you into the action you are contemplating. Once you change those locks, she will swoop down on you, armed with legal aid solicitor to throw the book at you for unlawful eviction!
    If you enter armed with a court bailiff, you haven't got a problem, and you have already paid for this service.

    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.

    Comment


      #3
      Originally posted by tahmur View Post
      I have gone through the s21 route and I have finally got to the final stage where the baliff has set the eviction date. By using the "accelerated" procedure it has taken me 6 months from the date of issue of the notice to get to this point!

      I have the following questions:

      1) Is there any way that the tenant can get the eviction date delayed?

      2) I think the tenant is going for a council house. She has 3 kids. Is the council likely to house her a few days before the eviction date or will I actually end up evicting her?

      3) If I find that she leaves early, can I take possession before the eviction date and just change the locks?

      4) Once I get possession of the house, if the tenant has left any belongings behind what do I do with them? Can I just throw them away?

      Thank you.
      Can I ask why it took so long to get to this stage. How long did it take till court processed paperwork. What did the judge order.
      I served a section 21 to expire end of August I hope it does not take so long. I served a section 8 a couple of years ago and it took five months from service till the bailiffs evicited so I am wondering what the delay is here.

      Comment


        #4
        Issued notice mid January.

        Expired beginning April (last day of periodic tenancy).

        Submitted accelerated procedure forms immediately.

        6 weeks later, instead of granting possession order, ordered court hearing as not happy with wording. (this wasted another 6 weeks)

        I won court case - 2 week possession order issued.

        Applied for warrant for possession of property.

        Here I am now.

        Comment


          #5
          Originally posted by tahmur View Post
          Issued notice mid January.

          Expired beginning April (last day of periodic tenancy).

          Submitted accelerated procedure forms immediately.

          6 weeks later, instead of granting possession order, ordered court hearing as not happy with wording. (this wasted another 6 weeks)

          I won court case - 2 week possession order issued.

          Applied for warrant for possession of property.

          Here I am now.
          So it did not really take six months. It took from beginning of May to now (= 2.5 months) of which 1.5 months was because of an error [yours?]- leaving just one month net. Not so bad!
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            The 6 months I was referring to was from date of service of original notice.

            The court hearing was not my fault as the notice was valid.

            And I still have another 2 weeks to wait!
            Last edited by tahmur; 13-07-2007, 09:37 AM. Reason: Spelling error

            Comment


              #7
              Originally posted by tahmur View Post
              3) If I find that she leaves early, can I take possession before the eviction date and just change the locks?
              My understanding from our learned poster Paulf, is that once the possession date has passed and the house if ever left unoccupied (school run, shopping etc) then the owner can enter and take possession. They can't claim unlawful eviction as the owner has a court order with an expired date and the property was voluntarily left vacant. NB all court orders give possession of the property, it doesn't say simply that Miss X Y Zed must leave.

              I think this is right, as it is along the same lines as that for squatters.

              It is however a strategy with risk, as I don't know (and Paulf has not confirmed) if there has been case law to support this.
              On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

              Comment


                #8
                You must be correct Esio, otherwise Landlords would never dare assume that the tenant had left after the possession date. Even if the property was empty you'd want to get a bailliff in just in case the tenant was trying to catch you out.

                I've got one now who's left after the 14 days he'd got to file a defence for the Accelerated Possession, and not even waited for possession order. Property looks abandoned except for a few stinky sofas and a bed. It's a case of balancing the risk of assuming he's left, against the possibility he's not and he'll be claiming unlawful eviction. My fingers are crossed!!

                Comment


                  #9
                  If you've waited this long, is it worth the risk finding out. It's 'only' two more weeks.

                  Comment


                    #10
                    The tenant can appeal against the eviction right up until the day of eviction. From my belief, if they do appeal on the day of eviction, their appeal will be dealt with on that day and unless they come up with a very good reason then they wouldn't win the appeal.

                    I was told that one such case that could possibly win them a few days grace is if they are planning to move into another property which isn't ready for them to move into on that date (of eviction).

                    Comment


                      #11
                      Originally posted by tahmur View Post
                      The 6 months I was referring to was from date of service of original notice.

                      The court hearing was not my fault as the notice was valid.

                      And I still have another 2 weeks to wait!
                      So the judge made an error?

                      You also aid it took 6 weeks for judge to look at it so I presume that is 2 weeks for tenant to defend and then another 4 weeks. Have other posters found it takes this amount of time for accelerated possession?

                      Comment


                        #12
                        Judges do make errors.

                        I had a judge try and invalidate my S21 on the grounds that the reqd possession date wasn't the last day of a tenancy period, but as the notice was issued INSIDE the initial 6 month tenancy it didn't need to be!

                        I had to explain S21 to him in his chambers, after which he apologised and gave me 14 day possession.

                        Unbelievable.

                        Comment


                          #13
                          That really is shocking.

                          I take it there is no one we can go to for any financial loss we have sufferred as a result of the judge making a mistake?

                          Surprise, surprise, I'm sure the answer is no.

                          Comment


                            #14
                            Originally posted by tahmur View Post
                            That really is shocking.

                            I take it there is no one we can go to for any financial loss we have sufferred as a result of the judge making a mistake?

                            Surprise, surprise, I'm sure the answer is no.
                            Well, you COULD try writing to Lord Chancellor's Department to complain and ask for an ex-gratia compensation payment.
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment

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