At what point is one physically removed from a property if one does not pay rent?

yt83

For example. Mr A and his family rent a home from Landlord X. One day, Mr A stops paying rent. Mr A never reads any of his post. Mr A ensures all windows and doors are always locked. Mr A never lets anyone into the property, apart from the police.

What happens?

Werdnal

Landlord can serve Section 8 notice on rent arrears grounds once rent 2 months in arrears. After 14 days, Landlord applies to court for possession order. Possession order granted, then applies to bailliffs for enforcement of eviction. Baiiliffs can force entry or secure entry via locksmith, usually with police attendance in case of breach of the peace, and will remove tenant, family and their belongings.

Timescale from issue of notice to enforced eviction ... anything from 8-12 weeks at a guess, as depends on how busy courts are and how soon baillifs can attend.

Why are you asking?

Fire_Fox

Mail doesn't have to be read to be served, it just has to be delivered.

Werdnal

Fire_Fox wrote: »

Mail doesn't have to be read to be served, it just has to be delivered.

Agreed, proof of service by landlord is all that is required. Tenant does need even need to open the notice envelope!


And it is worth remembering that if tenant is evicted through rent arrears, it is unlikely any other landlord will touch with a barge pole and Council has no duty to rehouse them.

If Mr A has any concern for the welfare of his family, he would never let things go this far ...

yt83

Werdnal wrote: »

Landlord can serve Section 8 notice on rent arrears grounds once rent 2 months in arrears. After 14 days, Landlord applies to court for possession order. Possession order granted, then applies to bailliffs for enforcement of eviction. Baiiliffs can force entry or secure entry via locksmith, usually with police attendance in case of breach of the peace, and will remove tenant, family and their belongings.

Timescale from issue of notice to enforced eviction ... anything from 8-12 weeks at a guess, as depends on how busy courts are and how soon baillifs can attend.

Why are you asking?

Firstly, thanks for the straight-to-the-point answer!

Secondly, the bit in bold is the part I am most curious about.

If Mr A is at home with his family, they will use a locksmith to gain entry to the home?

What if Mr A and his family refuses to leave. Will they physically arrest them, or drag them outside?

Once outside, what would Mr A and his family do?

piglet74

I am not sure if this is the same thing, but my parents home was repossessed, (business investment went bad, very sad, family home in the family for generations) but the locksmith changed the locks there and then, all utilities were switched off, phone taken away, water tank drained, police there in force (no bailiffs in N Ireland), estate agent present, and an eviction officer.

Also there were "removal men" who packed up their stuff, when their time was up, they were put out (not forcibly, they walked out) and the doors locked behind them.

The process may be different for an eviction from a rental property and in the UK.

theartfullodger

yt83: Does YT stand for youth trainee??

Any particular reason for asking?? Are you trainee, student, landlord, housing adviser, tenant, letting agent, solicitor or just someone who likes asking questions on forums (fora??) ??

What country are you asking for - England, Scotland, NI.. (the answer changes...)

You'll clearly appreciate tenant will also likely get taken to court for rent owed, get CCJ, possibly "interesting" reference from landlord/agent etc etc,....

Were you satisfied with the answers to your question about chocolate bars??
https://forums.moneysavingexpert.com/discussion/comment/60358801#Comment_60358801

princeofpounds

If Mr A is at home with his family, they will use a locksmith to gain entry to the home?

Yes, or force entry in some other way. The bailiffs might not turn up prepared for a forced eviction on the first go, but they will if required.

What if Mr A and his family refuses to leave. Will they physically arrest them, or drag them outside?

The bailiffs can use reasonable force, which is pretty much just putting your arms around someone and pushing them towards the door. I think what tends to happen though is that as soon as any physical resistance is encountered the police present will make an arrest for 'breach of the peace' or something similar.

Once outside, what would Mr A and his family do?

Up to them really! Go stay with friends or family perhaps, or apply to the council or other emergency housing service.

If there are children at risk of homelessness then social services might get involved on request of the police, not sure about that.

silvercar

Werdnal wrote: »

Agreed, proof of service by landlord is all that is required. Tenant does need even need to open the notice envelope!


And it is worth remembering that if tenant is evicted through rent arrears, it is unlikely any other landlord will touch with a barge pole and Council has no duty to rehouse them.

If Mr A has any concern for the welfare of his family, he would never let things go this far ...

yt83 wrote:

What if Mr A and his family refuses to leave. Will they physically arrest them, or drag them outside?

Once outside, what would Mr A and his family do?

Most likely they will be directed to the council, where they will be given addresses of B&B or hostels, they could possibly get council emergency housing.

If the council then decide that they are "intentionally homeless" ie they brought it on themselves by not paying rent etc then the council will have no obligation to rehouse.

If they stood on the pavement for hours, with no clear intention of doing anything and with young children, the police may call in social services if they feel the children are at risk.

You would hope that family and friends would rally round and that the parents would have some understanding of the need to provide shelter for their family.

Werdnal

NewHomeExpert wrote: »

If I was the landlord I would break in and turf you out.
You would then be staying in hospital for a few weeks too!

Whilst I agree with your sentiments, if you did this, YOU would be guilty of illegal eviction - fines running into the £1000's and a criminal record, possibly even a prison sentence - plus of course a counterclaim from the tenant for malicious damage to their belongings and GBH! Good luck with that ...

martindow

NewHomeExpert wrote: »

If I was the landlord I would break in and turf you out.
You would then be staying in hospital for a few weeks too!

Not a good strategy unless you like being arrested.