Order of possession granted- What do I need to do next?

Order of possession granted- What do I need to do next?

0:02 AM, 12th July 2023, About 10 months ago 11

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Hello, I have a problem tenant and served S21 in April. Only since the S21 expired the tenant has started to default on payments and I have only made 30% of the rent.

I used the accelerated possession process to get an order of possession. I now have heard from the judge and the tenant is ordered to leave on 20th July.  I can’t imagine the tenant moving out on said date and I imagine the tenant will want to get council/local authority housing.

I read I have two options:

1) Wait for the possession order date to pass and request county court bailiffs to evict her (I heard this is a slow process)

2) Request permission from County Court to have my case transferred to the high court and to get the High Court enforcement officer to evict them.

The current order of possession does include my costs of the accelerated process and forms circa £424.50.

However, I am 1500 pounds down on rent and expect to be near £2500 before she’s completely out and before I get control of my property. I am keen on progressing to High Court but feel like I will still need to pursue her again for unpaid rent via a money claim online (MCOL)

What is the best thing to do in this situation?

Thanks,

Roger


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Comments

BRACKS Mead

7:24 AM, 12th July 2023, About 10 months ago

Using the high court bailiff incurs a heafty cost. Last week my solicitor quoted court fee of £200 and £800 on HC baliffs. In theory you can pass on cost but what if baliffs dont recover costs? Or They recover their own costs first, will there be any possessions left to cover your losses?

We applied to normal baliffs this week, cost £130 for the "warrant" and I have a date in 4 weeks. Other areas will be different

So firstly find out what the current wait is for baliffs in your court area. See if the loss of another 1k is worth it

Judith Wordsworth

8:43 AM, 12th July 2023, About 10 months ago

Re rent arrears, you will only be able to use MCOL if you know where your tenant (or ex tenant once evicted) has moved to as the court need to serve the documents by post.

Peter Edmonds

9:04 AM, 12th July 2023, About 10 months ago

I had same problem as you. Kept the deposit and managed to get him to come to agreement on rest of rent arrairs by telling him I would go to his guarantors. He didn't want embarrassment and paid up. My legal costs were covered by my insurers.
They decided not to pursue money they had paid.

RoseD

9:45 AM, 12th July 2023, About 10 months ago

There is no straightforward reply to this problem is there? Either way with evictions it's a costly process. Rent guarantee and legal insurance at start of tenancy is now an absolute must but also costly and not always feasible. Presumably you have the deposit but short of that you in the throes of paying more out than you getting in but you'll get your property back. Good luck

Jim K

10:18 AM, 12th July 2023, About 10 months ago

Reply to the comment left by Judith Wordsworth at 12/07/2023 - 08:43Judith.
T is obliged (expected) to provide a forwarding address/employ RM forwarding service. Send letters (proof of postage) to the last known address -ie the tenancy. There is no issue in starting those letters now whilst T is still in occupation.
FYI: I put a specific clause in the AST explaining this which of course T signs on occupation.

Marie Lee

12:52 PM, 12th July 2023, About 10 months ago

If you have to make a money claim and eventually win your case but the defendant or ex tenant does not pay, the bailiffs will collect the bailiff's fee that you have paid them from him/her when they go to collect your debt. I know this because I had this situation recently. Unfortunately, the same thing does not happen when they go to evict your tenant, different call out.

Roger

14:28 PM, 12th July 2023, About 10 months ago

Reply to the comment left by BRACKS Mead at 12/07/2023 - 07:24
Hi bracks. Would be able to help me understand how you completed the section above the signature.

Which bits to delete n what they mean? I do want to pursue a ccj against my landlord

I certify that
(1) the defendant has not vacated the land as
ordered (*and that the whole or part of any
instalments due under the judgment or
order have not been paid) (†and the
balance now due is as shown)

* delete unless defendant is in arrears with the suspended
possession order or judgment
† delete unless warrant is to issue for execution also

Marie Lee

18:24 PM, 12th July 2023, About 10 months ago

Reply to the comment left by Judith Wordsworth at 12/07/2023 - 08:43
There are ways to find people. And they don't have to be expensive.

Alison Walker

10:22 AM, 13th July 2023, About 10 months ago

If you suspect your tenant is in receipt of UC I would also contact the council stating that your tenant is over 8 weeks in arrears of rent (assuming that is the case) and request that the housing benefit element of the UC is paid to you direct. This may help reduce the final arrears balance. (Having said that I've only had to deal with tenants in receipt of HB, thankfully, never had tenants receiving UC but am assuming the same rules apply re rent arrears)

Marie Lee

7:34 AM, 15th July 2023, About 10 months ago

Reply to the comment left by Judith Wordsworth at 12/07/2023 - 08:43
Bailiffs do have ways and means of finding out where tenants are. Try Shergroup bailiffs. they are very helpful and can give you lots of advice.

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