Possession date – tenant still in – what next ?

by Readers Question

15:40 PM, 29th October 2014
About 4 years ago

Possession date – tenant still in – what next ?

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Possession date – tenant still in – what next ?

This is the first time I have formally evicted a tenant with the aid of a solicitor – He obtained an order for possession in 2 days time.

The tenant (LHA) will not communicate with me. I could phone her mother (guarantor) but she gets very abusive and I doubt she would want to answer any questions truthfully. I live 5 hours drive away and have been successfully self managing until this point. Neighbours tell me there are still lights on in the house from time to time – but the neighbours work and probably wont see a day-time moving out….

How am I to find out if she has actually moved – or should I just inform the solicitor to get the bailiffs in ?

This is also the first time I will have had to keep a deposit (registered with Mydeposits). Any advice as to how to do that ?

Thank you

All Bankers …..what next



Comments

Mark Alexander

16:12 PM, 29th October 2014
About 4 years ago

What has your solicitor advised?
.

All BankersAreBarstewards Smith

16:13 PM, 29th October 2014
About 4 years ago

I haven't asked him yet !!! doh.... talk about missing the perishin obvious !!

He did ask me to keep him informed as to any progress/lack of progress after Friday .... and he knows I am a long way away.

David Asker

20:59 PM, 29th October 2014
About 4 years ago

I presume your solicitor didn't get Section 42 (transfer to the High Court) in the order?

If not you may want to start asking questions of the court on how long delays are in evictions by their County Court Bailiff. Many courts are quoting over 3 months.

Have a look at my recent articles on this site for further info.

Mark Alexander

23:37 PM, 29th October 2014
About 4 years ago

Reply to the comment left by "David Carter" at "29/10/2014 - 20:59":

You beat me to it David, an obvious question now based on what you've been teaching us of late.
.

All BankersAreBarstewards Smith

23:48 PM, 29th October 2014
About 4 years ago

thanks all... I have already spoken to the bailiff for this particular area - and his waiting list is not very long at all... that's cheery for a change !! However since the Possession Order was granted without a hearing, I am half expecting a challenge to this Possession Order when the tenant gets a date for the Bailiffs.

Mark Alexander

23:55 PM, 29th October 2014
About 4 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "29/10/2014 - 23:48":

Did you evict based on s21 or s8?
.

All BankersAreBarstewards Smith

23:58 PM, 29th October 2014
About 4 years ago

S21 - I had already prepared and served all the relevant documents before I went to a solicitor and he thought my paperwork was 100% .

I texted tenant today and asked politely if she now has a moving out day - "soon" was the answer....

it really would not surprise me if she has not opened her mail and has not seen the Court Order....

Mark Alexander

0:09 AM, 30th October 2014
About 4 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "29/10/2014 - 23:58":

Well done for getting all the paperwork right.

The only grounds for appeal at this stage could be that a Deposit Protection Certificate and Prescribed information wasn't served properly.

Given that you seem to have done everything yourself, where does the solicitor fit in?

I will pick this up again in the morning as I'm being summoned by Mrs A.
.

David Asker

7:08 AM, 30th October 2014
About 4 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "29/10/2014 - 23:48":

OK, that is good news. I hope it all goes smoothly for you.

All BankersAreBarstewards Smith

8:24 AM, 30th October 2014
About 4 years ago

Mark i went to see a fab solicitor who came highly recommended because of the two recent landmark and conflicting court case decisions - Superstrike and I forget the other one's reference - and also because this tenancy is several years old I decided to seek advice on my paperwork in case I needed to reissue a S.21 notice .... then I thought... stuff it.... I can't be bothered with the stress... let someone else do it for me.... one of the joys of financial freedom - you can pay others to do what you don't want to do !

Thanks to all for your suggestions.... I will come back and let you know what happens. If I have to get bailiffs this will be the first time in 15 years.... a sad day

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