Should landlords have the right to refuse DSS tenants?10:43 AM, 20th May 2019
About 4 weeks ago 120
Hello all, I have a quick question.
I am a landlord and have gone through the eviction process. I had a warrant of posession which was due to be executed today. I was at the property at the appointed time but the bailiff never showed up. I rang up after 20 minutes (initially thinking bailiff was running late) only to be told bailiff had been at the property and I was not there so had left!
I was at the property 10 minutes before the appointed time but they insisted the bailiff was there and I was not.
The property can be tricky to locate as post code does not bring you directly to the street, but anyway…
Anyway, looking through the window, I can see the tenant has left the property, which is in line with my expectation as she was a council tenant, and I am aware they tend to leave the day before the bailiff appointment.
No posessions have been left in the property, apart from two beds and mattresses which I can see from the window outside (no curtains).
I asked on the phone what my options were, and they said I could either request a new bailiff appointment (at a cost of £110 and a further delay of 3 weeks), or if I was sure the tenant had left, I could withdraw the missed bailiff request/warrant, and just enter the property.
Do you have any experience of a situation like this? I do not want to break the law, but I do not want to wait for 2 or 3 weeks before I get access to the property when I am sure the tennant has left. My only concern at the moment is the 2 beds and matresses which have been left in the property.
Will the council know if the warrant was not executed? (in which case they may ask the tenant to move back in).
I hope to have your replies soon.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agentsLearn More