Bailiffs arrive at Last?

Bailiffs arrive at Last?

17:00 PM, 21st June 2021, About a month ago 15

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Bailiffs arrive at Last! SO after serving notice for non-payment of rent on 1st November 2019 (Long before Covid-19 was even invented) and after a full year of waiting, a court date was finally set for 18 March 2021, at which the judge ruled for an eviction two weeks later on 1st April 2021 (AND that bailiffs could be called before the 30 June cut-off if necessary).

Of course, 01/04/21 came and went, and the tenants stayed… and stayed… and stayed! We asked for Bailiffs immediately, but Landlord Action did not apply to the court for another week for some reason, and then it was radio silence from the courts for another nine weeks until FINALLY a date of 18 June was given for the eviction. A very stern warning from my solicitor not to be late ensured we were on site, with new lock and tools in hands, 30 mins before the allotted time.

The Bailiffs arrived ten minutes late and informed us that the tenant had gone to court in person that morning to plea for more time. They cited that they had two children which would be made homeless by the eviction. This is a complete lie as the children in question were removed from her & boyfriend by social services three years previously, as these two are somewhat active in the drugs scene.

Luckily, the Bailiffs had the judges’ mobile and let him know this before the hearing, and the application for stay of execution was thrown out. The Bailiffs entered, the locks were changed and the tenants in the other flats enjoyed their first night of peace and quiet and without the reek of cannabis smoke, for almost two years. Unpaid rent …? Forget it!! This has cost around £17,500 all told.

This is sort of a happy ending, but questions remain…
1. The Bailiff told us we are not allowed to throw out the remaining possessions of the tenants, nor enter to clean and redecorate for seven days. Is this normal / legal..? I thought we had possession now…??!!
2. There was a dog involved, mentioned by me on all the myriad forms. Nothing was done or said about this, and the Bailiffs were keen to wriggle out of the eviction because of it because “I should have arranged for a dog handler”. Happily, I am used to dogs and this particular one was friendly, so no issue there.
3. I had no idea a tenant can just rock up to court and get a hearing with five minutes notice! Why does it take a landlord sixteen months to get a hearing, but a tenant five minutes…? Slight imbalance there!!
So another (very long) chapter closes in dealing with non-paying druggy tenants.

Ian



Comments

by Ian Narbeth

10:57 AM, 22nd June 2021, About a month ago

Glad to hear you got your property back. Interesting to note there are seemingly zero consequences for disobeying court orders and then lying to the court in an attempt to pervert the course of justice....provided of course you are a tenant.

by terry sullivan

11:21 AM, 22nd June 2021, About a month ago

apply for payment order--use his nino

you may get little but he will then have a record of non-payment

judges are often completely useless. we had a hearing delayed because tenet who owed 10000 claimed his english was poor and judge believed him

by Ian Simpson

12:42 PM, 22nd June 2021, About a month ago

Yes I suppose she was actually guilty of perjury! I remember Jeffrey Archer got 7yrs for that!!! We have lodged all the payment orders and traces etc etc with Landlord action already. Suspect nothing will happen, but you never know….

by Jonathan

12:44 PM, 22nd June 2021, About a month ago

I'm glad you got a "sort of happy ending" but am sorry you lost so much money.

To avoid this happening to our own landlords, we insist that they allow us (and pay for) rent protection insurance that covers them as soon as a tenant goes into arrears and pays up to the end of the tenancy or another tenant moves in if sooner. If the landlord won't pay for the rent protection, we get them to sign a waiver saying they ignored our advice. I know this doesn't help you now but is intended for any other landlords on here - during the whole pandemic thus far, we can count on the fingers of one hand the number of our landlords who have had serious arrears (as opposed to late or negotiated reduced payments). Taking rent protection insurance will cover you against serious loss (and pay the legal expenses to get the property back if necessary)

by Monty Bodkin

13:19 PM, 22nd June 2021, About a month ago

Reply to the comment left by Jonathan at 22/06/2021 - 12:44
https://www.landlordzone.co.uk/news/breaking-direct-line-confirms-doors-closed-to-all-new-rent-guarantee-policy-claims/

In a shock announcement most of the UK’s leading insurers and brokers have agreed that they are to close their doors to new business for rent guarantee insurance.

by Ian Simpson

13:48 PM, 22nd June 2021, About a month ago

Reply to the comment left by Jonathan at 22/06/2021 - 12:44
Hi Jonathan. I am afraid the lack of RGI was not for lack of trying. As Monty has pointed out above, current availability of RGI is like rocking-horse sh*t…! If you could PM me I could look at this for some other tenants potentially……Thanks

by moko13

18:38 PM, 22nd June 2021, About a month ago

Reply to the comment left by Jonathan at 22/06/2021 - 12:44
I hand rent and legal protection and I have finally got my property back .but still lost out on recovering the lost £5800 that the Tennant failed to pay .
my insurance company gave me the legal help to get my property back .but will not pay out on the rental arrears as they say there is no chance of recovering it from the Tennant after checking him out .and saying that he has nothing so they will not pay the rent that is owed .because they cannot recover it back .thought that was the reason I took out the insurance as protection from all this moko

by Monty Bodkin

22:38 PM, 22nd June 2021, About a month ago

Reply to the comment left by Jonathan at 22/06/2021 - 12:44
To avoid this happening to our own landlords, we insist that they allow us (and pay for) rent protection insurance that covers them as soon as a tenant goes into arrears and pays up to the end of the tenancy or another tenant moves in if sooner.

That sounds like utter bullshit.

How many landlords do you claim to represent and which rent protection insurance company do you claim to use?

by NewYorkie

11:55 AM, 23rd June 2021, About a month ago

Reply to the comment left by Monty Bodkin at 22/06/2021 - 22:38
I would suggest moko13 above is spot on. RGI a pointless expense if the tenant can't pay. Rather like Legal Expenses insurance (which is probably why it's given for free with many policies!).

I obtained my Possession order on Monday after 15 months arrears (£10k to date!). The judge was on my side and gave me 7 days notice instead of 14, but I doubt he will vacate on the 28th. I then a bailiff, and a locksmith, and probably be forced to store his stuff if he doesn't remove it... yet more cost.

The other residents will be extremely pleased that there will be no more noisy drug and alcohol fueled parties all night, but I will never see my lost money, and so I question whether to spend yet more on getting a CCJ. Yes, he will have problems in the future, and part of me is so vengeful after what he's done to me. But do I really need to behave that way, or simply move on with a much easier life in retirement?

by Ian Simpson

15:30 PM, 23rd June 2021, About a month ago

Reply to the comment left by NewYorkie at 23/06/2021 - 11:55
Sounds exactly like mine! Maybe the tenants are cousins! Delightful lot aren’t they!
We are doing new tenancies with home-owning guarantors ONLY now! Who on earth would sign a guarantee for a dope-head? I know I wouldn’t!!

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