Tenant didn't leave after Court gave them 28days.

fruitdogs

Grateful for any help please. When we went to Court, the Judge ruled in our favour and gave the tenant 28 days to leave. The 28 days came and went,tenant didn't leave. Our Letting Agency don't seem to be clued up on what to do next. I know we need to go for a Warrant of Possession and Bailiffs will be instructed. We have already been told this could take months! There is only 1 Bailiff for 3 Counties. What is the process to escalate to High Court and using the Sheriffs? Any idea of costs?How would rent arrears and costs be taken from a DSS tenant with little or no money/valuables?Thanks in advance.

pinkshoes

Being on maternity leave and watching the sheriff program, most seem to just go for eviction if they know the tenant is unlikely to be able to pay...

(No idea about how the process works though!)

Are your tenants waiting for eviction to get a council house?

bigfreddiel

This is exactly why I will never ever rent a property or consider BTL!

You all need to watch slum landlords and nightmare tenants on c5. Followed by can't pay well take it away!

Cheers fj

marsman802

That can't pay we'll take it away is quite revealing when they carry out evictions. I understand it has to happen but I can't for the life of me work out why those guys choose that job

theartfullodger

fruitdogs wrote: »

Grateful for any help please. When we went to Court, the Judge ruled in our favour and gave the tenant 28 days to leave. The 28 days came and went,tenant didn't leave. ...

Fairy nuff: They don't have to....see Thatcher's Act passed in 1988...
http://www.legislation.gov.uk/ukpga/1988/50/section/5

5 Security of tenure.
(1) An assured tenancy cannot be brought to an end by the landlord except by—
(a) obtaining—
(i) an order of the court for possession of the dwelling-house under section 7 or 21, and
(ii) the execution of the order, etc etc etc

"execution" is bailiffs or HCEO.

Book a bailiff, quick: Yes, Dave has been saving money (to help his rich chums??) by closing courts and reducing spend so wait times have been going up...

Tenant can apply to court to change order up till when bailiffs are walking up the path so don't make too firm plans...

...

...Our Letting Agency don't seem to be clued up on what to do next. .....

Who selected them to act for you??

bigfreddiel

I know this isn't helping, but doesn't a nice balanced portfolio of equities look like an attractive option right now!

[Deleted User]

When I was evicted, there was a claim for possession court date followed by a bailiffs warrant for eviction. The whole process from issue of a S21 took over 3 months. I guess there are more bailiffs here.

The court, when granting the possession order made a note that I (as the tenant) had to pay the court costs (£280) within 28 days. I had already agreed with the LL that the costs would be taken from my deposit. The standard bailiffs cost me another £110.

The council would not help until they received a copy of the bailiffs warrant. I was not considered homeless until there was 28 days before the eviction. I was not allocated emergency accommodation until the afternoon of the day I was evicted (in the morning) so I had no idea where I was going to end up.

The money was taken from my deposit.

I believe you can get sheriffs to take possessions if there are rent arrears. I assume they can take goods if their costs aren't covered but you would probably be best asking the Sheriffs this themselves.

45002

Judges can and do refuse to transfer up to HCEO as it's only a discretionary order ....

anselld

http://www.landlordzone.co.uk/forums/showthread.php?70594-Enforcement-of-a-Possession-Order-using-the-HCEO-route

HappyMJ

fruitdogs wrote: »

Grateful for any help please. When we went to Court, the Judge ruled in our favour and gave the tenant 28 days to leave. The 28 days came and went,tenant didn't leave. Our Letting Agency don't seem to be clued up on what to do next. I know we need to go for a Warrant of Possession and Bailiffs will be instructed. We have already been told this could take months! There is only 1 Bailiff for 3 Counties. What is the process to escalate to High Court and using the Sheriffs? Any idea of costs?How would rent arrears and costs be taken from a DSS tenant with little or no money/valuables?Thanks in advance.

How do you get money from someone who has none? You can't. Give up on that and just get possession. Maybe their circumstances might change in the next 6 years and you can enforce your money order but for the moment there is nothing you can do to get your money. Just keep updated on their current address. Check the land registry to see if they've bought the house they moved in to and if they have ask for the money again and if they fail to pay put a charge on the house. You won't get your money straight away but some time in the future when they sell you may get something back. If they rent and do not work for the next 6 years you will have to write the debt off.