House Eviction

andy5241

Can anyone please tell me roughly how long it takes the court to appoint bailiffs?

I'm in the process of trying to get my property back, which began back in May 2012 when the tenant refused to pay her half of the rent.

I was granted possession of the property on the 7th by the court, asked the tenant when she would have her belongings removed from the property only to be told she wasn't moving until the bailliffs moved her out.

My solicitor has told me it could be at least another 4 weeks maybe a lot longer before I get the property back is this right?

Voyager2002

Your solicitor is likely to be right, but you could ask at the court office, or give the bailiffs a call directly.

Is there any chance that your tenant would leave in return for a cash payment?

19lottie82

so, why don't you get the baillifs in?

spacey2012

Based on you now have possession.
Have you considered getting the locks changed and a more secure lock fitted ?
She can then make an appointment to have her belongings passed to her.
Affix a copy of the court order to the door in the meantime.

Also once the court has given you possession, it might be worth exploring this new squatting legislation, you might not need bailiffs.

andy5241

There's no chance the tenant would take cash, and I cant change the locks or I would be breaking the law. Although I had thought of it.

You have to wait for the courts to appoint bailiffs.

Brb

Phone the baliffs daily to see if they have any cancellations. Phone early though before they leave the office.

spacey2012

Do you have the N54 notice .
If so affix a copy to the door.
They can then take it to the Council who may re-home them.

xoAmyox

Once you have a possession order, you certainly can change the locks, so long as you do not physically evict any person. So find a time when they are out.

EDIT: I should say once the possession order is in force - orders usually give 14 days (max 42 days) from the order being granted for the tenant to leave. After this you can change the locks.

G_M

xoAmyox wrote: »

EDIT: I should say once the possession order is in force - orders usually give 14 days (max 42 days) from the order being granted for the tenant to leave. After this you can change the locks.

I'm not an expert but assume this assumes the OP can get access?

If the OP has no key (eg tenant has already changed the lock) the OP cannot force entry and then change the lock.....

princeofpounds

I would be carful about some of the advice you receive:

Only a County Court Bailiff or a High Court Enforcement Officer can enforce a Possession Order and remove the tenant from the property.

http://www.painsmith.co.uk/Working_with_us/Possession_Procedure

Mr_Pitiful

xoAmyox wrote: »

Once you have a possession order, you certainly can change the locks, so long as you do not physically evict any person. So find a time when they are out.

EDIT: I should say once the possession order is in force - orders usually give 14 days (max 42 days) from the order being granted for the tenant to leave. After this you can change the locks.

Wrong. By changing the locks you would have physically evicted them by placing a physical barrier in the way of their re-entry. They are entitled to stay there until the bailiff turns up. As mentioned only the court bailiff can evict and they would leave themselves open to a damages claim under s27 Housing act 1988.