Possession date – tenant still in – what next ?

by Readers Question

15:40 PM, 29th October 2014
About 6 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


Michael Barnes

12:35 PM, 6th November 2014
About 6 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "06/11/2014 - 12:13":

When I had to evict, I attended with a replacement lock, which I fitted immediately.

Allan Wadsworth

15:46 PM, 6th November 2014
About 6 years ago

I guess we have all forgotten to mention to you that its essential to change the locks immediately. they are outside the property. My locksmith said he was used to it and he was quite reasonable about having to wait for the bailiffs to get the tenants, and there contents, out.
My tenants asked if they could pop back to pick up the remaining contents. Did I say Yes? No. so they had to put what they wanted to come back for outside the property with a warning from me that if its not collected the same day they would be changed for the subsequent removal from their deposit..
So I guess its best to attend with a locksmith and notify the police about the eviction, as well as the council, If they are LHA tenants.
Enjoy - Allan

All BankersAreBarstewards Smith

19:10 PM, 6th November 2014
About 6 years ago

Thanks.... yes indeedy a locksmith has already alerted. I am not going to be especially reasonable re access for collection of personal property after the eviction date - I am well past the "still being reasonable" stage..... lol

Landlord Trevor Mason

17:15 PM, 10th November 2014
About 6 years ago

Been self-managing own tenants for 6 years and have never had yet to evict anyone. I may have dilemma arising whereby one working tenant has had difficulties in last few months of paying rent consistently late.

I put forward a new house share agreement only lasting Oct- Dec 2014 3 months with payment only standing order which they signed . My pickle is I could have served section 8 for previous month for paying rent late ,just gone by ,but I didnt.

Anticipated them not setting up a SO and paying late rent.Thats why used new house share agreement.Thinking be better for me now to not renew the agreement..In two minds wether I need to write a letter to end the agreement like a months notice...or serve section 21 or 8? but it is a house share agreement thinking same rules dont apply to it. Had several letters and phone call s over it to no result.Lastly gave them a written warning and would give notice unless issue resolved. Appreciate second opinion or any help Many thanks.

All BankersAreBarstewards Smith

9:22 AM, 12th November 2014
About 6 years ago

I have had several conversations with the bailiff this week.... (repo day in 5 days) - he has called at the house several times and has , left letters, and phone messages, and has now texted her asking her to call him and he will ring her back. She texted back that her "speakers don't work" - but she wants more time. I have said no. Even with the aid of the professionals in this eviction, it is far more stressful than I had thought. Watching someone with their backs to the wall, refusing to accept their own reality and in utter denial as to where they will sleep in 5 night time is very distressing - even though I know she has caused her own eviction. As I have said... a sad day. I will attend next week's eviction, but will stay well away in the car till she has gone and then I can inspect the property.

All BankersAreBarstewards Smith

18:35 PM, 12th November 2014
About 6 years ago

Bailiff just called me to tell me that the tenant will be applying to the court for more time...... sighs.... unsurprising - but irritating nevertheless. He has assured me that even if the court gives her more time he will kick her out even if it is the Christmas moratorium.......

All BankersAreBarstewards Smith

12:20 PM, 13th November 2014
About 6 years ago

I have just texted tenant to ask her how much more time she wants and she says "just a few more weeks" - she's been saying that since April...!!

David Asker

15:51 PM, 13th November 2014
About 6 years ago

This is the reason that some landlord's prefer to use an HCEO without sending notice.

Personally I think notice should be given on most occasions but can completely understand why a landlord wouldn't want to.

You do still have the option to use an HCEO but the transfer may mean that the CCB does it before that anyway.

Good luck, whatever you decide.

All BankersAreBarstewards Smith

15:55 PM, 13th November 2014
About 6 years ago

Thank you David..... I have been mulling it over this afternoon... and if I don't give her an extension she will almost certainly go to court on Monday to plead - probably with a Legal Exec.... I can be there in person ......

so.... what do folks think of this...... If I suggest that her guarantor( her mother) pay off her arrears I would agree to let her stay till the beginning of the second week in January ....

My reasoning for this is a commercial one.... I don't want a long void, and interrupted refurb schedules over the Christmas holidays.

David Asker

15:58 PM, 13th November 2014
About 6 years ago

Personally, if the tenant is not damaging the property and the guarantor can pay rent for the period ending mid-Jan I'd let her stay.

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