Will Bailiffs Leave Me With Tenants Possessions?

by Readers Question

8:32 AM, 15th October 2014
About 4 years ago

Will Bailiffs Leave Me With Tenants Possessions?

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Will Bailiffs Leave Me With Tenants Possessions?

I am currently proceeding through the county court process of obtaining a possession order, following service of a section 21 notice. Will Bailiffs Leave Me With Tenants Possessions?

The reasons for this are that the tenant has gone off the rails through using drugs and rent arrears are building up.

I have no concerns about obtaining the possession order, however, the question is this; if I have to instruct bailiffs, when they do what they do and give me back lawful possession of the property, do they do anything with the tenants property? ie personal possessions like furniture??

In this case, drugs are having such an effect that the tenant is incapable of actually moving herself and I’m pretty much sure that I will find myself taking this process all the way.

Regards

Lyndon



Comments

Jayne Owen

14:29 PM, 15th October 2014
About 4 years ago

There are people who are better qualified than me to answer this, but from our experience a few years back, if the process goes all the way, the bailiff will be on hand to evict the tenant. A locksmith will also be present to change the locks. At this level, the qualify of the furnishings is such that they rarely have any value, and are consequently of little interest to the bailiffs. Our tenant cleared out his personal belongings, and we shifted the bigger stuff after the event. If you have any concerns, speak to Landlord Action.

David Asker

15:16 PM, 15th October 2014
About 4 years ago

Whether you use a County Court Bailiff or a High Court Enforcement Officer they are only commanded to return vacant possession of the property to you i.e. with no persons inside.

Goods left by your former tenant will need to be dealt with separately.

You would need to allow the tenant a reasonable time to collect the goods and we are often instructed to supervise such collection to ensure they do not attempt to stay in the property.

If the tenants do not return for their property (many don't) then you will need to dispose of the goods. Again, we offer a clean up and disposal service in these situations.

Hope that helps.

Mark Alexander

17:41 PM, 15th October 2014
About 4 years ago

Reply to the comment left by "David Carter" at "15/10/2014 - 15:16":

Hi David

I have just read your member profile, very impressive 🙂
.

David Asker

17:58 PM, 15th October 2014
About 4 years ago

Why thank you Sir 😉

Mark Alexander

18:05 PM, 15th October 2014
About 4 years ago

Reply to the comment left by "David Carter" at "15/10/2014 - 17:58":

And your guest article is posted too - see link below.

Great to see that you've become a sponsor too - hope you like the contact form, please feel free to test it 🙂
.

Lyndon Whitehouse

16:50 PM, 16th October 2014
About 4 years ago

Thank you both (Jayne and David), for your replies.
Sorry I'm late responding, I've been away from the computer!
David - do you know if there are any prescriptive time limits to adhere to, for storage and responsibility for possessions? Any legislation? Or is it what is deemed to be reasonable?

Lyndon

Michael Barnes

20:07 PM, 16th October 2014
About 4 years ago

Reply to the comment left by "Lyndon Whitehouse" at "16/10/2014 - 16:50":

I believe that about 1 month is considered 'reasonable' (there was another discussion on this, but I do not have the link).

You need to write to the tenant stating how long they have to collect their belongings before they will be disposed of.

If you can get them to sign an agreement that they do not want any of the items left behind, then you can (probably) get rid of their belongings straight away [but I am not a lawyer]

Lyndon Whitehouse

8:18 AM, 17th October 2014
About 4 years ago

Michael - thanks for your comments

David Asker

9:21 AM, 17th October 2014
About 4 years ago

There is no prescribed time in law but we always suggest 14 days and would advise the tenant of this during the eviction.

However, common sense must prevail and if different timescales make sense due to certain circumstances then this period could be either shortened or lengthened.

However, all of this would only become an issue if a complaint was made and legal action was taken. As there is no prescribed law it is for you to show any Judge that you acted fairly and reasonably. Given this, regular messages to the evicted tenant informing them of the timescales and consequences would be a good idea.

Lyndon Whitehouse

18:42 PM, 17th October 2014
About 4 years ago

Brilliant advice - thanks David


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