Evicting tenant by bailiffs- procedure

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    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

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