Tenants rights following a warrant of possession?

Tenants rights following a warrant of possession?

0:01 AM, 28th November 2023, About 5 months ago 37

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Hello, the bailiffs finally evicted our very troublesome tenant on Friday after months of hassle. Our tenant had made zero effort to pack any of her things prior to eviction. The bailiff gave her, very politely 10 minutes to put into bin bags what she needed to take.

Our tenant now has 14 days to arrange with us a date to collect all her furniture/belongings. Our concern is that she is so devious that we don’t want her back in the flat. Can we insist that she sends for example a man with a van to remove all her things which we have bagged up or do we by law have to allow her back in? We don’t want her claiming squatters’ rights!

We have never had to do this before in over 20 years!

Thank you for any help,

Liz

 


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Comments

Ray Guselli

9:47 AM, 28th November 2023, About 5 months ago

I had exactly the same situation.

I didn't let the tenant back in and we put everything outside for her to collect at an agreed time.

She was not allowed back in and had to collect from outside of the property.

I found that worked for me as I feared the same as you do.

Ray

John Mac

9:50 AM, 28th November 2023, About 5 months ago

There are no "squatters rights" in residential properties anymore, they can & should be evicted by police immediately as its a crime.

As above arrange a date & time & put belongings outside so not even any need for them to enter property.

paul fenton

9:58 AM, 28th November 2023, About 5 months ago

Alternative maybe to photo condition and move to storage if you want to immediately relet , and charge for storage space . I have done that several time and found that they have decided not to collect as having to pay the fees ! The issue then is paying for disposal of their items . I understand under a consumer act you need to retain items for 28 days before disposal , The threat of charges for removal to storage and storage may speed them up in collection

Marie Lee

10:04 AM, 28th November 2023, About 5 months ago

I know that you are all correct in what you say about tenant's belongs, however, up to now I have respected the law to the letter, it has taken 11 months but finally the bailiffs will be coming very soon.My tenant is a single working man, he has had so much notice, including a court hearing when the judge told him in no uncertain terms, 'you have to move out Mr ,,,'. and time to move out his things out. I live in Spain, will have to travel over to be there on that day. When the bailiffs arrive and open the door, I can expect anything from a clean and tidy flat to a place full of furniture, personal belongs and rubbish, I think the latter is more likely!! At that stage I will have to make a decision as to how to proceed so that I can prepare the property for selling. At that time, I will have to pay for flights and travel and stay in a hotel. Do you think I should wait 14+ days for the tenant to remove his things? If I give him four days (that will extend over a weekend) that should be enough time for him to make the arrangement and get the stuff moved. If he has a problem because I have moved/thrown/destroyed his things, after giving him proper notice, he can always sue me, can't he?

NewYorkie

10:06 AM, 28th November 2023, About 5 months ago

Reply to the comment left by John Mac at 28/11/2023 - 09:50
Police don't get involved in 'civil' actions [they don't get involved in much 'criminal' activity!]. You would be back to arranging bailiffs again.

John Mac

10:07 AM, 28th November 2023, About 5 months ago

Reply to the comment left by Marie Lee at 28/11/2023 - 10:04
You are confusing the OP post, start a new thread!

John Mac

10:09 AM, 28th November 2023, About 5 months ago

Reply to the comment left by NewYorkie at 28/11/2023 - 10:06
Squatting in a residential property is not a "civil" action, its now criminal.

The perps can be arrested, fined & sent to prison!

Josie Hawes - Guest Author

10:19 AM, 28th November 2023, About 5 months ago

We had previously done what a lot of people are saying and had put everything outside. Nothing was damaged at all but the tenants later tried to sue us for over £2k saying we had damaged their tv etc when moving it so just be careful.

Adrian Jones

10:29 AM, 28th November 2023, About 5 months ago

Reply to the comment left by Marie Lee at 28/11/2023 - 10:04
That's going to be quite an expense Marie apart from the stress involved.

Does anyone if those expenses can be offset against tax?

NewYorkie

10:40 AM, 28th November 2023, About 5 months ago

Reply to the comment left by John Mac at 28/11/2023 - 10:09It may be an offence, but unless they are 'trespassing', as opposed to 'squatting', the Police won't want to get involved, and you will be back down the County Court eviction path.

You really must do everything possible to prevent them re-entering. Start by changing locks and ensuring all windows are closed.

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