Eviction extended by 5 months after court judgement?

Eviction extended by 5 months after court judgement?

16:55 PM, 12th February 2024, About 3 weeks ago 12

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Hello, I have only had to serve one section 8 in 25 years. To my horror, the disrespect of the law the tenant is allowed to do freely, and without consequence, is costing me more time than waiting for the county court case and judgment!

Served section 8 first week November 2023, got court hearing first week January 2024, tenant claimed ill health for not turning up (which turned out to be a complete fallacy), so hearing adjourned for 14 days.

Week 3 January 2024, the repossession order is given with up to 21 days to mid February. The tenant is not moving out, so another 8 week wait for the enforcement officers. Taking me to mid April 2024.

Then there could be up to 3 months wait as tenant has moved all belongings and business items into the property and has informed me that as soon as she is evicted I will no longer be able to contact her. So, three months due to TIGA..!

I have no clear idea what she will leave in the property but she will…..

It took 10 weeks to get to court and get the repossession order, but another 24 weeks after that to get my house back because in England repossession is not repossession.

What Gove needs to promise me is that repossession means that, it should mean the date I get MY PROPERTY back.

In the meantime, the current debt of around £6,000 will have increased to nearly £10,000 and while the tenants is ‘crying’ to every support group under the sun, I have no one to turn to or help me write off my debts!!!

No wonder the tenant treats me with scorn and taunts while I can do nothing.

Thank you,

Sally


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Comments

NewYorkie

11:15 AM, 12th February 2024, About 3 weeks ago

I do feel for you. I had the same situation with a tenant who had total disregard for the law and for other tenants. It took 17 months to get my flat back and on the market. £20k+ debts and costs, and no chance of payment. I had nonforwaarding address, but I understand he went to prison.

Concerning your tenants goods. If she has told you she intends to leave her goods in the property post-eviction, and has confirmed she won't be contactable. She would be deliberately using your property for storage, and should incur a fee. She is playing games by saying you won't be able to contact her, because you need to show you've made every effort to do so before disposing if them. I would write/phone/voicemail /email/WhatsApp her before she leaves, confirming she has said she intends to leave goods at the property post-eviction, and that she will be uncontactable. Therefore, to take this as formal notice that you will dispose of the items 28 days after her date of eviction.

Craig Vaughan

13:24 PM, 12th February 2024, About 3 weeks ago

Here's some free, sound advice

Nip round, with a grand in your hand. Offer it for her to move out there and then

Job done

Surrey Landlord

15:32 PM, 12th February 2024, About 3 weeks ago

Another - additional option. But it won't get your property back quicker: They owe you £6000 as of the time of writing. Take them to small claims court via Money Claim Online. Then after 28 days if they don't contest it - apply for a CCJ against them. This will affect their credit - which they will mind. At the moment there is complete impunity to their actions and they think they can get away with not paying anything. This can be a very successful way of getting a CCJ against them. Very effective.

NewYorkie

15:52 PM, 12th February 2024, About 3 weeks ago

I offered to clear my tenant's £8k arrears before I went for the S8, and explained the ramifications of a CCJ against him if he didn't clear his debts, and he refused to engage. I fully intended to go for a CCJ to make his life as difficult as possible, but soon realised it meant nothing to him, especially when he was facing a prison sentence, and I didnt want to waste another £ on him. As far as I know, he's still living 'rent free'!

Landlord of 25 years

16:17 PM, 12th February 2024, About 3 weeks ago

Welcome to the court system. You can escalate to the high court this costs another 2k or so but it will be quicker then as soon as their warrant is issued you can use a private bailiff to service it. Then the tenant has another 2 weeks but the date the bailiff goes back is absolutely the end of your night mare even if they have to call the police. I did it last year. It took me 18 months to remove a tenant and cost me 25 grand but... north london eviction services were fantastic. best of luck.

David

17:21 PM, 12th February 2024, About 3 weeks ago

If you have a clause in your tenancy agreement that says you can dispose of their belongings after 14 or 28 days, then I don't believe there is any requirement to keep the goods for 3 months. You are an involuntary bailee and I don't believe the 3 month requirement in the Interference with Goods Act need apply. Consult a solicitor and then disabuse the tenant of this notion asap.

SimonP

19:25 PM, 12th February 2024, About 3 weeks ago

What property? Don't you remember? When you entered the house the place was empty. Perhaps there was never anything left there or maybe there was a burglary?

Guy Lee

22:24 PM, 12th February 2024, About 3 weeks ago

I feel for you. Served S8 after tenants fell into arrears. After 3 months, applied to CC and got hearing 3 months later. We were representing ourselves but at the Hearing, there were TWO lawyers from Shelter protecting the tenant and trying to look for excuses to adjourn hearing. Luckily, we won on mandatory Ground 8. Whole process from start to finish took 7 months, with £6K arrears which we will have to write off. I have decided to leave the house empty for now (we do not have a mortgage) and maybe in a few years' time, let our children live in there rent free. Simply not worth the hassle anymore.

Jessie Jones

8:10 AM, 17th February 2024, About 2 weeks ago

Reply to the comment left by SimonP at 12/02/2024 - 19:25
I heard of a landlord in a similar position. The landlord went to check on the property and found the front door insecure and all the larger items had gone. He didn't report the matter to the Police as he assumed that the tenant had come and collected it all, but would you believe it, it appeared much later that there must have been a burglary and it was all stolen. He had boxed up some small items such as paperwork in case the tenant later returned for them, but had done a thorough clean and redecoration of the property, so there was nothing of any forensic value for the police to examine.

Southern Boyuk

23:13 PM, 17th February 2024, About 2 weeks ago

Like Gove, the law is an ass.

A possession order should be just that and orgs like Shelter should respect that

When one my tenants in the same situ finally moves out whilst doing the same as yours Im selling that property and will probably continue you to do that each year as the ASTs expire on the rest.

Neither political party has a clue what is going on and they will be responsible for the biggest historical housing crisis.

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