What happens if a tenant just doesnt leave?

betmunch

Hi Everyone,

I was wondering if anyone would have the time to explain to me what happens at the end of a tenancy when a landlord wants the property back but the tenant just doesnt leave?

I understand the following procedure takes place, could someone confirm it or point out where it needs changing?

1. Notice is served to co-incide with end of the AST.
2. End of AST, but tenant simply doesnt pack up and leave.
3. LL applies for a court date, which takes aprox 2 months to come round.
4. Court agrees with LL that tenant should leave so gives tenant a month to find a new house.
5. a month passes, but tenant still didnt bother finding a new place to live.
6. LL goes back to court, another (2 month wait for a date?) so the judge can order the bailiffs round to remove tenant.
7 Bailiffs are busy so take another month to take possession of the property, but now tenant is gone so property can be re-let.

Is this right?

How are the time scales?

Have I missed anything out?

I realise this is a very simple situation and I bet things get a lot more complicated than this!

Any help would be greatly apreciated

Cheers

poppysarah

You missed the bit out where the landlord shouts at the tenant's mother and sets the police on them for anti-social behaviour...
;-/
Oh no, that was just round here.

Jowo_2

i'm not 100% sure but while I think that local court bailiff's could have a backlog which means they can't enforce the Possession notice for perhaps some weeks after the tenant has left, I don't believe that the landlord has to spend 2 months waiting for a court appointment to arrange for their services, in the way they may have to wait a month or two to get the original possession case heard by a judge.

Hopefully someone else can confirm but I don't believe a judge is required for the landlord to contact court appointed bailiff's to enforce the PO so the time lag is simply based on their workload.

You also have to factor in some extra time if the tenant pleads an extension in their leaving date - I think tenants typically get two weeks to leave from the court case but the judge can be asked for and granted a longer period if the tenant convinces them they need extra time.

iolanthe07

betmunch wrote: »

Hi Everyone,

I was wondering if anyone would have the time to explain to me what happens at the end of a tenancy when a landlord wants the property back but the tenant just doesnt leave?

I understand the following procedure takes place, could someone confirm it or point out where it needs changing?

1. Notice is served to co-incide with end of the AST.
2. End of AST, but tenant simply doesnt pack up and leave.
3. LL applies for a court date, which takes aprox 2 months to come round.
4. Court agrees with LL that tenant should leave so gives tenant a month to find a new house.
5. a month passes, but tenant still didnt bother finding a new place to live.
6. LL goes back to court, another (2 month wait for a date?) so the judge can order the bailiffs round to remove tenant.
7 Bailiffs are busy so take another month to take possession of the property, but now tenant is gone so property can be re-let.

Is this right?

How are the time scales?

Have I missed anything out?

I realise this is a very simple situation and I bet things get a lot more complicated than this!

Any help would be greatly apreciated

Cheers

Sounds about right. It sucks.

betmunch

So a Possession order is granted at step 4 and if the tenant doesnt comply with it the LL goes straight to the Baliffs and misses out on Step 6 completely?

Jowo_2

betmunch wrote: »

So a Possession order is granted at step 4 and if the tenant doesnt comply with it the LL goes straight to the Baliffs and misses out on Step 6 completely?

Well, hopefully someone else can confirm the typical timescales to get a bailiff warrant from a local court, but from reading posts on forums and landlordzone, it looks the lag relating to getting the bailiff's to enforce the case will be based on when they are free to visit the property rather than a requirement to re-present the case again to a judge.

http://www.landlordzone.co.uk/Possession.htm


The landlord serves a valid notice, there being several types of notices depending on the type of tenancy.
Notice expires and the landlord applies to the county court for a possession order
The tenant answers the claim either with

• Admission
• Defence
• Counterclaim

Accelerated Possession procedure can be followed if it's an Assured Shorthold Tenancy
Courts can then grant:

• A possession order (enforceable within 14 to 28 days)
• A suspended possession order

Possession order becomes enforceable
Landlord applies for a bailiffs warrant
Bailiffs enforce the warrant

theartfullodger

There's a couple of (possible) steps missing...

- find out notice was incorrectly worded or deposit protection not handled correctly so start again.. (happens surprisingly often..)
.. Find out court papers incorrectly filled in so start court process again.. (yup, happens!! even to solicitors... ah!, shame... )
,.. find your financial reserves are so low you haven't the ££ to pursue the case...


It is surely the British way to respect and abide by the normal processes of the law, as a Landlord?? If you don't like the laws & regulations of the business you are in (in this case property letting..) may I 'umbly suggest you find another business??

Cheers!

Lodger

Owain_Moneysaver

betmunch wrote: »

7 Bailiffs are busy so take another month to take possession of the property, but now tenant is gone so property can be re-let.

You need to insert the bit in here about getting the builders in for 3 months to replace the floorboards that were ripped out for firewood, the bloodstained bath and the growlamps in the loft.

Before the builders will do anything you may need an extreme cleaning co in to remove the eight month old rotting takeaway cartons and the syringe-filled mattresses, then a pest control co to deal with the rats fleas and bedbugs.

betmunch

theartfullodger wrote: »

If you don't like the laws & regulations of the business you are in (in this case property letting..) may I 'umbly suggest you find another business??

Oh, I'm not in this business, but I do talk to a lot of Landlords so thought I better learn about the repossession procedures

And thanks for the extra points everyone. This is very helpful

michmike

Maybe a stupid question, but... what if you wait until tenants are absent from the property, open the door, throw out all their stuff and change the locks?

Jowo_2

michmike wrote: »

Maybe a stupid question, but... what if you wait until tenants are absent from the property, open the door, throw out all their stuff and change the locks?

Criminal offence - landlord leaves themselves open to prosecution and steep civil penalties to compensate the tenant.

A local council private sector relations officer will simply arrange for the police to break into the property and let the tenants back.