Eviction advice needed

clutton_2

they will more than likely claim that the tenant did not recieve the S8 notice or the S21 (if served) - so you will have to show "proof of service" to the judge

its quite informal ... a small room with 3 tables one for the judge, 1 for you and 1 for the other side.

the judge will ask questions and you will need a very organised "bundle" of papers to show to prove your answers..

good luck

HeatherH

Thanks Clutton, the only reason we got a solicitor involved was so they could serve the notices, not us, as we knew thats the first thing they'd argue.
Hopefully the solicitor has an adequate bundle on the day will keep the thread posted

Jowo_2

Here's a historic thread from a landlord that's gone through the same process

http://www.landlordzone.co.uk/forums/showthread.php?30709-How-to-respond-to-tenant-s-defence-of-Possession-Order

Perhaps they are blaming the landlord for poor repairs?

http://www.landlordsolicitor.com/possession-claim-advice.html
http://www.landlordlawblog.co.uk/2009/08/16/defences-to-possession-proceedings-spurious-and-otherwise/

This thread discusses the tactic of tenant's solicitors arguing that the landlord has not attended to repairs and landlord's being obliged to provide extensive records to rebutt this.

"unless you have a system to record the condition upon occupation, a system for inspection and repair notification and a system for recording all repairs, you are vulnerable to attack...They will ... allege multiple attempts to report to landlord who has failed to take action. This is unlikely to the case, but without evidence of a system, you have to get to court and explain this to a judge to decide who is right and wrong....A tenant on legal aid has nothing to lose.":-

http://propertytribes.ning.com/forum/topics/looming-threat-to-landlords



http://www.landlordlawblog.co.uk/2009/08/16/defences-to-possession-proceedings-spurious-and-otherwise/

You've issued an S21 so that's a back up option anyway - no justification or reasons required, just proof that it's been served if it's disputed. Ask your solicitor what evidence they have that the S8 and S21 has been sent to the tenant (such as proof of posting, signed for delivery or witnesses to hand delivery, for example).

clutton_2

they might also claim that there are no rent arrears - in which case you will have to prove thatr there are -

what swung my last eviction hearing was 2 records i keot - one was a complete rent schedule from the beginning of the tenancy, showing monthly arrears, and dcumulative arrears, and the second one (which took me ages as it is difficult for a spreadsheet to calculate this) is how many days each payment was late... - this late payment schedule showed that EVERY month the rent was late - sometimes by up to 3 months. But evidence of this will depend on if more than one S8 ground has been applied for .... do you know which grounds were used in the original application to the court ?

HeatherH

Ok.....

They never turned up, so the possession hearing basically didn't happen. My dad was still awarded the possession from the 29th October, and as they haven't vacated, the bailiffs will be getting involved.

I know a lot of people have said that we could've done this without the solicitors, if it was me? with the help of all the websites (especially this one) I'm attached to... probably, but with my dad being the type that he is, he's not the type of stand up in court, and wouldn't of had enough knowledge of the system to put a case together etc. Basically, I want to say thankyou for all the help and advice that has been given over the past few months, it really has helped keep my dads blood pressure down

neverdespairgirl

Glad you got it sorted.

HeatherH

There is now a baliff date to remove tenants, I've had a look at the site, but can't find an answer to this question.
When the bailiffs arrive, I know they can't bash the door down to gain entry, but as the landlord has now been granted possession is he allowed to open the door to let the bailiff in, or is this still seen as illegal in some way.

Thanks

BitterAndTwisted

I think this is a question which should be asked of the bailiffs. They will know absolutely what they can and cannot do. My own feeling is that once possession has been granted the bailiffs will have the right to remove the tenants by any means necessary.

Jowo_2

I believe that bailiffs will call the police if they expect or encounter resistance and that you should change the locks and ensure the property is not left unoccupied after the tenants have left. The court will tell you if the bailiffs will bring along a locksmith or if you are supposed to provide one, I can't remember.

You also need to understand your legal requirement to look after any uncollected goods. There's a section on Landlordzone about uncollected goods.

You should also check your options in case the tenants have the legal right to request that the possession order is set aside, I'm not really familiar with this type of action though.

Here's a summary here of the process

http://england.shelter.org.uk/get_advice/eviction/stopping_the_bailiffs


do you have a neighbour who is able to let you know if looks like they've left ahead of the bailiff's visit? You still should still not assume that you have possession back until the bailiffs have visited it as they still have the right to occupation until that happens.

N79

HeatherH wrote: »

There is now a baliff date to remove tenants, I've had a look at the site, but can't find an answer to this question.
When the bailiffs arrive, I know they can't bash the door down to gain entry, but as the landlord has now been granted possession is he allowed to open the door to let the bailiff in, or is this still seen as illegal in some way.

Thanks

The Bailiffs absolutely can "bash down the door" (in reality they may well use a locksmith rather than physical force!) and will do whatever it takes to gain access. This is not like credit card debts or whatever, these are real bailiffs who are officers of the court acting under instructions from the court. They will take possession of the property.

If they can not make peaceful entry then they will call the police to ensure that there is no breach of the peace and to protect them from violent tenants.

Having been there several times I would offer the following advice.

1. Liase closely with the bailiffs.
2. If your tenants have a history of violence or threats tell the bailiffs as they will ensure the police are present.
3. Arrange to meet the bailiffs close but out of sight of the property on the day of possession. Give them keys to all the doors and windows of the property so that they can gain access without forcing doors (if Ts have changed the locks then this will not work but Ts rarely change all the locks).
4. Stay away from the property (but nearby - out of sight) during the actual repossession as you may be a target for Ts anger and if the Ts are still present then it will be very emotional. Physical force will be used, if necessary, to enforce the court's will.
5. Have a lock smith with you (pre arranged). As soon as the bailiffs hand over possession have all the locks changed to prevent T reentry.
6. If Ts return or fail to leave the vicinity, call the police (if the bailiffs have not already done so).
7. If Ts belongings are still inside, lock them in and refuse access to Ts but make sure you take care of them. You will then need to get the Ts to contact you and make arrangements to collect the property. This is best done on another day when emotions have cooled. Be reasonable but firm. Make sure you get a forwarding address for the Ts as a condition of allowing them to collect their property - you can then sue them if there is any point.

Good luck. Let me know if you have any further questions.