Can I delay the bailiffs?

Can I delay the bailiffs?

0:04 AM, 8th February 2024, About 3 weeks ago 9

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Hello, We are slowly (and thankfully) escaping the world of rental properties after almost 20 years, which involves selling our portfolio of 13 properties. We haven’t had the best advice and went with the wrong agent with the wrong “fixed price” option, but we are back on track with an alternative for some of them.

Understandably, most buyers want vacant possession so there have been several notices served and a painfully long wait as the Council advises tenants to stay put until the Bailiffs come knocking.

We are at the final stages with one S8 and the estate agent’s solicitors have just applied for a Warrant of Possession. BUT we have just received news that the buyer for this property is fed up with waiting (seven months so far) and has withdrawn from the sale.

He gets his deposit back, but we get nothing and have to start all over again.

The issue we have is that another marketing/sale/conveyancing process is going to take a further 16-20 weeks and if the Warrant of Possession is executed in the next couple of weeks, that’s a long time to be without rental income on the property.

On top of that, because our current agent covers their solicitor’s eviction fees as part of the deal, they are saying that if we choose to go with a different agent (which is likely because it will probably be sold for more) we will have to re-pay all the eviction costs.

I have read that a Warrant for Possession is valid for 12 months, but I have also read that when you (or the solicitors) apply, if granted the Court sets an eviction date there and then.

Can anybody give a definitive answer as to whether the Bailiffs can be delayed?

The tenant is in arrears (by quite a lot) but at the moment, the rent is being paid direct by the DWP and she is chipping away at the arrears. A delay might be useful for both of us.

Thoughts/Advice??

Em


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Comments

Happy housing

10:14 AM, 8th February 2024, About 3 weeks ago

Had same situation had evicted a tenant for rent arrears, do you know if you will ever see that money back?

Em

10:50 AM, 8th February 2024, About 3 weeks ago

Reply to the comment left by Happy housing at 08/02/2024 - 10:14
We set up an arrears payment plan and the tenant is currently paying £15 per week which is something at least. Whether that will continue once she finally leaves the property is anybody's guess.

Happy housing

11:05 AM, 8th February 2024, About 3 weeks ago

Reply to the comment left by Emma Walker at 08/02/2024 - 10:50
Ok but my question is, if the tenant is evicted do those payments carry on or stop?

David

16:50 PM, 8th February 2024, About 3 weeks ago

Your problem is that you want to have your cake and eat it. Trying to balance getting rental income up to or near the point of sale is incredibly difficult to pull-off. Either you have a gap or you lose you buyer. That's just what happens.

Em

9:30 AM, 9th February 2024, About 3 weeks ago

Reply to the comment left by Happy housing at 08/02/2024 - 11:05
It's a court order so technically they should carry on. But of course, that depends on knowing where the tenant is once they leave. If they disappear, it's then a decision as to whether or not it is worth pursuing.

Em

9:39 AM, 9th February 2024, About 3 weeks ago

Reply to the comment left by David at 08/02/2024 - 16:50
Mr Coughlin, it's simply a matter of trying to balance the books and you make it sound like it's a bad thing, as if it's down to greed. We have a mortgage to pay and council tax on empty properties. "Incredibly difficult" isn't impossible then? We don't currently have a buyer as they pulled out. I am fully aware that this is something that happens, I am simply trying to make sure that the "gap" between the eviction and the next buyer is as short as possible. But is seems that nobody has an answer to the question I posed. I will just have to ask the Court direct.

David

11:11 AM, 9th February 2024, About 3 weeks ago

Reply to the comment left by Em at 09/02/2024 - 09:39
I don't know who Mr Coughlin is, but in response to your point, I'm not accusing you of greed. That idea came entirely from you. Feel free to carry on with your strategy and see whether it works.

Paddy O'Dawes

17:43 PM, 9th February 2024, About 3 weeks ago

Reply to the comment left by Em at 09/02/2024 - 09:39
I think what is trying to be pointed out is that if you halt proceedings and attempt to minimise the period between no rent payments and the sale of the property there is a very high chance that you will be caught in the same situation. I believe the writ of possession is valid for 12 months therefore you can instruct bailiffs at any time within that period. I am unaware if post instruction you can "call off the dogs" without facing some penalty either in terms of any form of potential defence in the future or affecting the original writ. Thats one for proper legal advice. The main thing is the risk reward balance (to be unemotive) is it worth the risk of ending up in the same situation again and getting costs that way or to lose x months of rental income.

Em

9:49 AM, 11th February 2024, About 3 weeks ago

Reply to the comment left by Paddy O'Dawes at 09/02/2024 - 17:43
Thank you for the useful information and advice. It was just a possible consideration, but it seems it needs more caution. I will wait and see how things pan out. Thanks

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