Eviction order and one way ticket to Greece?

by Readers Question

9:31 AM, 2nd April 2019
About 6 months ago

Eviction order and one way ticket to Greece?

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Eviction order and one way ticket to Greece?

I’ve been a landlord for six years and have a very good professional relationship with my existing and previous tenants. My properties are all very well looked after and I adhere to all of the required legislation.

My problem is, I have a tenant who currently owes me £4000 in lost rent and legal fees to get to this stage. I took out a Section 21 Order for Possession due to the tenant not paying his rent. This was granted to me and the tenant was ordered to vacate the property in two weeks time.

The tenant asked me for an additional week so he could organise himself.

I allowed him this time and two weeks further on, he still hasn’t left the property. I recently had to go out and board up a window after an attempted break in. I had the Police present when I entered the property which appeared to be abandoned (no food in the cupboards, no clothes anywhere), the place is an absolute mess.

The tenant has since changed his phone number so the only way I can contact him is via Messenger. All he tells me is that he hasn’t been there in the past seven weeks, his furniture (which he acquired though Brighthouse) is still there. He posted on his Facebook Account a one way ticket to Greece in a months time.

I am told I can’t take possession of the property until he confirms he has moved out, or I employ a Bailiff to give me back my property.

Can someone please help me with my questions:

If the Court has allowed me possession and the tenant has abandoned the property, why can’t I change the locks and inform the tenant I will hold his furniture etc for one month if he wishes to collect it? Let’s not forget he still isn’t paying any rent.

Why do I require a Bailiff when the Court has granted me repossession?

Thanks
Steve



Comments

Neil Patterson

9:34 AM, 2nd April 2019
About 6 months ago

Hi Steve,

I would like to see what others say, but I can't see that you have cast iron proof the tenant has surrendered possession especially as they still have furniture in the property.

terry sullivan

10:39 AM, 2nd April 2019
About 6 months ago

high court bailiff now and chase the money--greece is in eu

Ken Johns

10:53 AM, 2nd April 2019
About 6 months ago

High court baliff now, but forget the money, you will waste more trying to get it and what assets does he have if even his furniture is on tick. Get the property back, done up and let again, one of the downsides of letting that of course the BBC or others would never report on.

Steve Perry

10:58 AM, 2nd April 2019
About 6 months ago

Reply to the comment left by Neil Patterson at 02/04/2019 - 09:34
Hi Neil.
I don't think he's bothered about his furniture as he got it all from Brighthouse, there are lots of unopened letters from them, so I can only assume they're chasing him for payment together with each of the utilities and Council Tax. I realise I haven't got his surrender of the property in written form, but what happens when he leaves the country and he has abandoned the property? I can't see any good reason why I can't repossess my property, especially when the Courts have allowed me to, also does none payment of rent have any bearing on the matter? The law is so frustrating, everything for the perpetrators who contribute nothing and nothing for the victims who constantly have to pay for their irresponsible actions.

Mike

11:06 AM, 2nd April 2019
About 6 months ago

The p1ss taking tenant appears to have abandoned the property, you already have a court possession order, just place a Notice on the front door that you believe the tenant is no longer living there and has abandoned the property and that unless he or anyone who knows him contacts the undersigned person, leave your name and mobile number, it will be assumed that the property has been abandoned, the landlord will then change all the door locks and repossess the property, you only need bailiffs if the tenant was there, since he is not there, you go in, change door locks after say 14 days period of abandonment notice, there is not a thing he could do, unless he had a good reason and he hasn't got any reason what so ever.

You may also contact Bright house in case if they want some of the item back and have them remove those items and leave a receipt with you. You take full control of your property and throw the bastard out the way he deserves. Also don't forget to video or photograph the abandonment Notice that you stick on the front door, as well as send notification on his face book or whatever other means you have giving him the ultimatum.,

Steve Perry

11:12 AM, 2nd April 2019
About 6 months ago

Reply to the comment left by terry sullivan at 02/04/2019 - 10:39
Hi Terry
I thought of the baliffs but as it's my first time experience, just need to kick around a few questions as to why I can't just go in to my now abandoned and damaged property, especially when the Courts said I can have repossession. I will give the Baliffs access, they give me a piece of paper to say this is now your's, £900 please! yet another which I will never recover.

Steve Perry

11:21 AM, 2nd April 2019
About 6 months ago

Reply to the comment left by Ken Johns at 02/04/2019 - 10:53
Thanks Ken, I probably may take that course of action, he has no assets apart from a mobile phone and a TV which he took with him. I believe the courts lodge a CCJ against him. So at least if he returns within 6 years he will find it difficult to acquire credit etc.

Steve Perry

11:32 AM, 2nd April 2019
About 6 months ago

Reply to the comment left by Mike at 02/04/2019 - 11:06
Hi Mike
Thanks for your message, this is what I want to hear, basic common sense action to get my property back. I have been told by my legals that I couldn't change the locks until I had it in writing that he has surrendered his tenancy. This tenant doesn't care about anyone but himself and will be leaving on a one way ticket to Greece at the end of this month. I just couldn't get my head around what my legals were telling me. I have the Repossession Order, the property has been abandoned, the 'tenant' isn't paying rent, yet I still couldn't go in and take my property back. I thought the world has gone nuts. Thanks Mike, I'll get onto this today

Simon M

12:14 PM, 2nd April 2019
About 6 months ago

I had a similar problem, arrears & debt but was lucky tenants didn't push it quite as far. It's tough - particularly if this is your first time. I'm sure Tessa Sanderson has explained this on Landlord Law. As I understand, whilst some landlords may do as Mike has suggested and may get away with it, it's not safe in law. The tenant has not given you the keys and you have no documentary proof. If the tenant returns they can claim against you and could say they were just going to Greece on holiday to visit family. Your choice. Good luck.

Steve Perry

12:43 PM, 2nd April 2019
About 6 months ago

Reply to the comment left by Simon M at 02/04/2019 - 12:14
Hi Simon thanks for your message.
I have just read Tessa's article relating to this. So to keep safely within the law, this means that I have to pay £900 for the privilege of giving access to the High Court Baliffs and for them to hand me a piece of paper to say this property is now mine?

If that's the letter of the law, then I think it really needs to be looked at again, as Landlords are on a hiding to nothing.

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