Warrant for possession taking too long

by Readers Question

3 years ago

Warrant for possession taking too long

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Warrant for possession taking too long

I obtained a possession order for 2nd January 2015 and applied for warrant for possession immediately as tenants refused to leave. I have been waiting for the bailiffs to carry this out since then, and have had no messages from them despite emailing them and calling(no answer). The court says it can take 8 weeks!! However it is now more than 8 weeks and tenants have stopped paying rent. It is an ex council flat and I have to pay huge service charges plus major works charges. Southwark council have already said they will write to my mortgage company unless I pay these charges. I have no other income but from my flat so I am running up credit bills. Luckily, I live with my sister so I will not starve or be homeless, but I am afraid of losing my good reputation for paying my bills etc, or even my flat. Warrant for possession taking too long

My tenants have manipulated me from the beginning. They rented the flat as 2 nice young girls “with good jobs”, 8 years ago, through a neighbour I had trusted. I worked abroad for 5 years, returning periodically , whilst he was supposed to be taking care of the flat. As soon as I had gone, they later admitted, one girl moved out and the other’s boyfriend moved in. Within 4 years they had had 3 children. All this time they lived in 1 bedroom and the living room, while renting out the other 2 bedrooms to migrants from their country. The place has been totally trashed through over-use, they never open curtains or windows and there is now condensation and mould because double glazing was installed, constant cooking and lots of washing, etc. I felt sorry for them as they are low paid care workers, etc, so I kept the rent low. Recently, I discovered that identical sized flats were being rented in that area for TWICE the rent I was charging. As the flat is my only income, I decided to give them notice, renovate it completely, and aim for a different type of tenant. My tenants declared that they wanted me to evict them, as they were going to get a council flat! They had found out that if they could get me to evict them they could not be declared intentionally homeless, especially with their 3 children (and mother in law who also lives there) They cleverly paid rent until I had obtained the warrant, after which they knew I could do no more, so that they could be seen to be blameless.

To crown it all, I am now informed that they had been claiming housing benefit, which I knew nothing about! Surely this is illegal, given the sub-letting. They were always insistent that these tenants were their “brother” or “sister” and I stupidly accepted this.

They think they might go into b and b for a short time, so they have told me they are going to leave their huge furniture in my flat!! I have sent them an email saying that they must take it when that leave, and I am going to send them another letter as soon as I have a bailiffs date. Will this be sufficient notice for me to get rid of the furniture?

I am at my wit’s end with this situation, and any advice would be welcome.

Thanks

Lenin Benin



Comments

Mark Alexander

3 years ago

Dear Lenin

We are very fortunate to have the CEO of The Sheriffs Office (High Court Enforcement Officers) as both an active member and sponsor of Property118.

His name is David Carter and he may well be able to help you. He has produced a very informative guide which is available free of charge to our members. Check out this member profile here >>> http://www.property118.com/member/?id=2542
.

David Asker

3 years ago

Lenin,

Sorry to hear of your issues but they are all too familiar when dealing with the Courts own Bailiffs.

However, rather than waiting, sometimes several months, for County Court Bailiffs, you can apply to the County Court that issued your possession order to transfer it to the High Court for enforcement.

To use an HCEO you will need to apply for the transfer of the order for possession to the High Court for enforcement under Section 42 of the County Courts Act 1984.

Once the transfer application is granted, our officers will evict your tenants, usually within 7 days, but we have done it in 24 hours in some cases!

Under Section 42 of the County Court Act 1984, it is possible to request that a judge transfer the order to the High Court for enforcement by a High Court Enforcement Officer under a writ of possession. it is important that the order is made correctly and the right wording used. If you are owed rent, you can also add a claim for money to the possession order.

Regards, David


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