Eviction order and one way ticket to Greece?

by Readers Question

9:31 AM, 2nd April 2019
About 8 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

Steve Perry

9:35 AM, 5th April 2019
About 8 months ago

Reply to the comment left by Mike at 03/04/2019 - 12:33
Hi Mike
That is it in a nutshell, well put!! I think as this is un-chartered waters for me I've been pondering and overthinking if I'm progressing within the law. I have read so many horror stories with these nightmare tenants and I have messed around too long waiting for this guy to allow me to have my property back. I'm off now to change those locks,get his furniture out, and get the place ready to start working again. Thanks Mike you've been a great help.

Steve Perry

9:47 AM, 5th April 2019
About 8 months ago

Reply to the comment left by Michael Barnes at 03/04/2019 - 13:28
Hi Michael
Well they did appear faulty, I guess they may require changing
but I will now tell him I have repossession and he has one month to collect his things. whilst I make the place fit for human habitation. thanks Michael

Steve Perry

9:48 AM, 5th April 2019
About 8 months ago

Reply to the comment left by Hamish McBloggs at 03/04/2019 - 14:01
I totally agree Hamish, the law needs to be evenly balanced to benefit injustices to the innocent parties

Mike

10:26 AM, 5th April 2019
About 8 months ago

Steve, another thing for future is to give tenants ultimatums in replying to your notices in writing or via text messages, or emails, so everything is on paper or electronic media and can be used as evidence in a court case, ultimatums should be like If you do not respond within certain number of days then you would assume you have abandoned the property and I will then start possession proceedings" so that you as a landlord tried all avenues to contact your tenant and you therefore strongly believed he has abandoned the property.
When I filed for possession under the ground 8, not paying rent for more than 2 months, by the time my hearing came it was 5 months, there was no contact from the tenant, despite many text messages and notices given to him in his absence, and via text messages.
At the hearing the Judge looked at my particulars of claim, which as I mentioned I had forgot to put the words "Ground 8" yet that Judge overlooked this and granted me forthwith possession, only other question the Judge asked was how much rent was owed when I gave the possession notice, and how was it served, So naturally my reply was two months, and served in person in the presence of a witness, this was important as in a later case, another Judge wanted to see the witness statement and also Certificate of Service, it should be filled even if you served by hand in person or left at the property.
And remember of the law says a tenant must surrender keys by handing them to you or leaving it through a letter box, as one of my tenants leaving just did that, and i found the keys as she promised she would lock up after leaving and post the keys through the letter box, same way your tenant may have left the keys posted through the letter box and you found them there and therefore there was no reason for you to doubt that he had indeed surrendered and so you went in and had locks changed, and made the property fit for real HUMAN habitation, I wonder how many tenants such as yours belong to this class of Humans, as most act and behave like animals with not an ounce of responsibility and they come with great big humps, just like the animals who are also protected by laws against cruelty or maltreatment (RSPCA) Similarly we have the Housing Act to protect the Human Habitats with animal trait in their DNA. They are becoming instinct and so the we need strict laws to protect these species of inconsiderate human habitats.

Steve Perry

18:05 PM, 5th April 2019
About 8 months ago

Reply to the comment left by Rob Crawford at 04/04/2019 - 13:07
Hi Rob thanks for your message, the facts at the moment are:
He hasn’t paid any rent for months
He changed his phone number and wont give it to me
He ignored the Section 8 & 21
Didn’t show up in court
I was awarded the Repossession Order on 1st March 2019 and for the tenant to vacate on or before 15th March.
The Courts had the order returned as the letterbox was inaccessible
I sent the order to him via Messenger
I allowed him an additional week until 22nd March 2019 for him to organise himself
An attempted break in took place on 21st March which demolished a window.
The Police were in attendance who could also confirm there was no food or clothes in the property and it appeared abandoned.
I contacted him via Messenger for him to meet me at the property, he then told me he hasn’t been there for over seven weeks. I also have evidence that he let somebody else move in
He then posts on his Facebook account that he has a one way ticket to Zante in Greece on 29th April.
He very rarely replies to my messages, I even offered to move his furniture out for him last weekend as I had a van available, he asked if I could move his bed to his mothers, I did this just to get him out. The unpaid for Brighthouse settee he said he has sold and some one was to pick it up last Tuesday still hasn’t happened.
I fed up, frustrated and sick of trying my best to get my property back, I think looking at these circumstances, don’t I have any rights, I haven’t done anything wrong, but the law appears to protect the parasites of this world.

Derek t

8:03 AM, 6th April 2019
About 8 months ago

Reply to the comment left by Steve Perry at 05/04/2019 - 18:05
Where are you getting £900 for bailiff ?court Bailiff costs £121 from county court and they normally take around three weeks to attend to the property from my experience unless you have been advised differently . Don’t risk taking the property without bailiff visiting get that paper work back to the court first thing Monday morning and wait. As we all know the law is on the tenants side it’s the only way to go in my opinion.

Chris Daniel

9:29 AM, 6th April 2019
About 8 months ago

Reply to the comment left by Mike at 04/04/2019 - 14:44
' assume ' as they the coloquial saying goes, makes an ASS, out of 'U' and 'ME
as for 'shoulds' well, lets not go there as landlords.

Basically, I'd agree with Rob, Board, up, change locks to make secure, message the tenants saying you've done this for the safety and security of the property and make a County court Bailiff application - which by the way, should be done the Very next day after the date of the court Possession order.
Allowing tenants lee-way when it comes to Possession proceedings is Not recommended. The time for consideration has long since passed if the landlord has had to resort to expensive and time consuming legal methods.
Possession Friend.uk

Mike

11:49 AM, 6th April 2019
About 8 months ago

Indeed I will go along with what Chris has said, secure the place, notify the tenant if he needs to get in then contact him as door locks had to be changed, and book the county court bailiffs, another 3 weeks would just fly by, for the sake of another 3 weeks and £121.00 not worth the risk otherwise.
.

Ela

13:22 PM, 7th April 2019
About 8 months ago

Hello, I have been writing about a nightmare tenant and I received many useful advice. This terrible family moved most of their belongings on the last day of the possession order on the 26th at around 9pm left the keys to the next door neighbor and told her they will come back and take their 2 huge sofas, dining chairs table, wardrobe, insulin for their kid, lots of other bits. Since then I have been in touch with her various times as usual she has been lying ie sending a skip man to take it , her father in law coming etc. Still no action taken. Any idea what is she playing at? What should I do please? Do you think even though she handed over the keys to the next door neighbor and I went in took the keys, video the time and condition and inventory done. Do you think she may come back to say she has not moved out and take me to court for illegal eviction? Is that what she is doing? Could anyone suggest anything please?

Also I am sorry that your tenant left for Greece without giving you the keys , in your situation I would go for the county court bailiffs and have all possibilities eliminated. Just spend a few hundreds as you can not go to high court bailiffs even if want to spend 1k plus if the judge did not give you the option. In my case the rude judge denied me the opinion and would not even address me when talking about a matter which I was a victim of.

Chris Daniel

13:54 PM, 7th April 2019
About 8 months ago

Reply to the comment left by Ela at 07/04/2019 - 13:22
Handing in keys is = Implied Surrender, see case ;
Artworld Financial Corporation v Safarayan & others 2009
As for dealing with Abandoned goods, see the most comprehensive and practical article you'll find ; http://www.PossessionFriend.uk/abandonded-goods/

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