Evicting tenant by bailiffs- procedure

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Evicting tenant by bailiffs- procedure

    Dear all,

    to cut a long story short I am now waiting to get a date from the Court Bailiffs to evict a tenant who owes me 6 months rent and did not leave on the date ordered by the court.
    This tenant is full of tricks and I,m almost sure he will not vacate willingly.

    So, when I go to the property with the Bailiff and locksmith, one way or another I presume we will get in.

    If the tenant is not there, but all his belongings are, what do we do with them. Throw them out in the street? Or does the bailiff take them to be sold to go towards the debt?

    Alternatively, if the tenant IS there, I ,m sure he will create all kinds of stories about he has nowhere to go and he,s not well enough to leave. What happens in that case, and again what do we do with his belongings?

    Any advice welcome,

    thanks

    BW

    #2
    This link might cover what you do with the tenant's goods.

    http://www.landlordzone.co.uk/uncollected_goods.htm

    My understanding is that the landlord has an obligation to store them if the tenant doesn't remove them but that the tenant should meet the expenses associated with removal and storage (but let's see what Jeffrey or other more experienced posters advise).

    I'm guessing that the best approach is not to get into any discussions with the tenant, stand back and let the bailiff's do their work, get the belongings out, the locks changed and ask the Police to be present.

    Here's some info here on bailiffs and the eviction process

    http://england.shelter.org.uk/advice/advice-2912.cfm

    Do the more experienced posters recommend a man & van, plus storage space is booked in order for the tenant to remove all belongings on that date? Or is it the case that the landlord should simply change the locks and arrange a later date for the tenant to return and remove their belongings?

    Comment


      #3
      I would wait till the locks are changed, and remove the property a few days later you dont want to do it straight away while the "tenant" is still hovering about. He might slip back in and claim squatters rights.

      Comment


        #4
        Thanks to those who replied.

        The bailiff links was very helpful.

        However, the situation may have changed.

        We have a suspicion the the "tenant" may either be subletting the flat(a clever scam collecting rent while not paying anything himself) or will claim a different identity when the bailiff calls.

        The reason we suspect this is that the local council has contacted me asking for the unpaid council tax for the flat recently. When we let the flat in May we informed the council we had let it and informed them of his name. Aparently he wrote back saying there was no-one there of that name, signing with another name and not paying any council tax. I presume he,s not paying any utility bills either.

        That make us think that he may be subletting or will pretend to be someone else when the bailiff calls.

        What happens in that case? Can the Bailiff evict whoever is there, no matter who they are, even if they have paid rent to our "tenant" or assume a different idenity?

        Your views would be appreciated, this guy is beginning to frighten me,

        thanks

        BW

        Comment


          #5
          Originally posted by Beeber View Post
          This link might cover what you do with the tenant's goods.

          http://www.landlordzone.co.uk/uncollected_goods.htm

          My understanding is that the landlord has an obligation to store them if the tenant doesn't remove them but that the tenant should meet the expenses associated with removal and storage (but let's see what Jeffrey or other more experienced posters advise).

          I'm guessing that the best approach is not to get into any discussions with the tenant, stand back and let the bailiff's do their work, get the belongings out, the locks changed and ask the Police to be present.

          ...

          Do the more experienced posters recommend a man & van, plus storage space is booked in order for the tenant to remove all belongings on that date? Or is it the case that the landlord should simply change the locks and arrange a later date for the tenant to return and remove their belongings?
          See other thread re disposal of uncollected goods.
          [settloe_99's re "How long to keep Tenant's possessions")
          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
            Thanks to those who replied, but does anyone have any views on my second post in this thread,

            rgs

            BW

            Comment


              #7
              I would suspect that the baliff will evict whoever is there - the tenant + his family, friends, sub-tenants, pets etc.

              Comment

              Latest Activity

              Collapse

              • Reply to Single parent renting
                by Hooper
                I am not sure that it will make her feel any better but I suspect that the children are more of an issue than being a single mum. Friends of mine have been rejected from every family size house they have applied to. They are high earning professionals with decent references and ... two young kids 2...
                18-05-2022, 20:28 PM
              • Single parent renting
                by Dct
                A friend of mine who is a single parent with three children is trying to find a house to rent. She has three children and recieves UC mainly to help with childcare costs, but despite viewing several houses and showing interest and showing she is more than able to pay rent, she has been turned down and...
                18-05-2022, 16:32 PM
              • Reply to Single parent renting
                by Hudson01
                This may just be one part of it, as ' ash72' states there are a lot less rental properties now (and it will get worse in the future), rents have sky rocketed and a LL can simply pick and choose the very very best tenant. It has become even more important than ever to get the right tenant, this is due...
                18-05-2022, 19:40 PM
              • Reply to Advice for tenant and section 8 counter claim
                by Hudson01
                As 'ash72' states you may be angry at the perceived way in which the landlord has treated you but do not mix the two up, If you wish to take on more stress after you have been evicted and may still be looking for a place to live...... which with a CCJ will be all but impossible, go ahead, but i would...
                18-05-2022, 19:14 PM
              • Advice for tenant and section 8 counter claim
                by Forgetmeknot
                I wondered if anyone can tell me if it is possible to counter claim for damage, harassment, poss landlord breach in contract and emotional distress in a section 8 eviction.
                so basically I’ve read online that i can claim for compensation which will go towards reducing my rent arrears but my solicitor...
                18-05-2022, 16:30 PM
              • Reply to Let a house to local council
                by ram
                If you are in flats, with service charges, the buildings insurance for residential Landlords insurance ( the Landlord of the freehold, that insures the building ) The insurance company may well cease immediately the insurance coverage.

                It happend to our block of flats ( I was the Co. Sec,
                ...
                18-05-2022, 18:54 PM
              • Let a house to local council
                by r3drum
                Guys

                Have a property which is currently marketed for rent ( 2 bedroom - fully renovated ). Been about 3 weeks and not had much interest shown.

                Anyone got information or first hand knowledge around renting the property to the local councils or any other authorities which guarantee...
                20-11-2019, 11:58 AM
              • Reply to Advice for tenant and section 8 counter claim
                by theartfullodger
                'phone Shelter 0808 800 4444 for advice.
                18-05-2022, 18:31 PM
              • Reply to Is my estate agent misleading me?
                by abimsalabim
                As I said in the original post, the deposit is NOT in a Tenancy Deposit Scheme but, instead is being held directly by the Agent....
                18-05-2022, 18:31 PM
              • Is my estate agent misleading me?
                by abimsalabim
                I am a Landlord and I have a company tenancy which has now come to an end. I did a check-in inventory before the tenant moved in and I have done a check-out inventory now that they have moved out, and there are damages to my property by the tenant. The deposit is being held by the agent and is not in...
                18-05-2022, 14:15 PM
              Working...
              X