Bailiffs arrive at Last?

Bailiffs arrive at Last?

17:00 PM, 21st June 2021, About 3 months 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 DSR

12:04 PM, 24th June 2021, About 3 months ago

Reply to the comment left by NewYorkie at 23/06/2021 - 11:55
Been there done that. Going down the CCJ route IS the right course of action...but you know it is only going to cost you more and prove fruitless. I had begrudgingly take the hit and move on. (hope Karma gets them instead!)

The really grating thing is there is no other way I can protect any other LL falling into this trap again. Without a CCJ it gives the indication that they have no issues and bad debt following them - the truth is far from that.

by NewYorkie

13:13 PM, 24th June 2021, About 3 months ago

Reply to the comment left by DSR at 24/06/2021 - 12:04
I just hope I get the chance to provide him with a previous landlord reference!

by zhorik

7:38 AM, 26th June 2021, About 3 months ago

you were lucky to get a bailiff order, m our tenants were ordered to move on the 18th march but stayed. the backlog in London, they closed one local court was s bad that by the time a court date was set the courts were shut. then the eviction ban and more delays. It is only now after over one and quarter years of waiting that a date has been given for July. The saga still continues.

by Darren Peters

7:39 AM, 26th June 2021, About 3 months ago

IF someone is given a money order to pay off say £10,000 at £10 per month does the CCJ remain in place until the judgement is fulfilled? There are adverts out there claiming to write off CCJs - not sure how true they are.

by Smartermind

11:22 AM, 26th June 2021, About 3 months ago

Reply to the comment left by Monty Bodkin at 22/06/2021 - 13:19
The link appears to claim that DL won't pay any new claims not just not accept new business. This would appear to be a breach of contract by the insurer for existing policies.


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