Tenant wont leave!!

Guest101

dktreesea wrote: »

If they don't leave then you may need to go to the High Court to evict then. - Why? Bailiffs can do this. This can be an expensive process, and I would suggest, if you are owed any rent you attach that to the proceedings so at least then you can take their assets to cover the short fall. - I think you're getting confused. Bailiffs are there to evict, they wont be seizing goods. Make sure you attach all your court costs to the proceedings - You cant, the judge authorises those separately, always at their discretion., both the county court and the high court costs plus your solicitor's costs. - normally solicitors costs are not given. So you get a warrant of possession (I think that is what it is called in England) and then, assuming your costs will be over a certain amount (used to be £600, not sure what it is now) you transfer the warrant from the county court to the high court. - You have to petition the county court to do this, giving a good reason. They will then send around their enforcement agents - No, you have to find your own agents. (as opposed to the county court bailiffs, who take forever to get anything done because they are government employees so have long queues ahead of you, probably) - Bailiffs are not employed by the government. to enforce the warrant.


The upside? Once those bailiffs arrive the tenants have to pay up what your costs are - No they don't. (or have their assets seized, usually their cars) - Rubbish. and they have to get out straight away. - The bailiffs give notice. The tenants then become homeless and can get the council to rehouse them. Possibly the whole point of this exercise from their point of view.


The downside? It costs money and if the tenants don't have any assets worth seizing, you end up with those costs. But you do get your property back.

Actually the LL can take the costs from the deposit, usually.


Please do be careful when you post totally incorrect information.

Pennysmakepounds

mozza78 wrote: »

But, but, but all landlords are vile and literally ANYBODY can make money hand over fist from being a corrupt capitalist monopolising the housing supply.

:rotfl::rotfl::rotfl:

Yeh ok....and tenants that don't pay their rent and think they have a god given right to be housed whilst completely trashing the house are Angels :A that that have fallen from the heavens...God bless them...:rotfl::rotfl::rotfl:

There are BAD landlords, but the the majority are decent people just trying to make a living who provide furnished and clean houses for people who need them.

On the flip side most tenants are honest and decent people that just cannot afford to buy (or may not wish to) and want to rent, but then their are small number who are just the SCUM of the earth useless wastes of space.

The current system of evicting is flawed it treats decent tenants with real need that just can't make payments in the same way as people who are just scum.

System

You knew the risks as a LL. The tenant will use system to their advantage - human instinct.

theartfullodger

mrlegend123 wrote: »

You knew the risks as a LL. The tenant will use system to their advantage - human instinct.

? Surely..............

You knew the risks as a tenant. The landlord will use system to their advantage - human instinct.

System

Lol fair one. It goes both ways.

dktreesea

Guest101 wrote: »

Actually the LL can take the costs from the deposit, usually.


Please do be careful when you post totally incorrect information.

One of my relatives had to use the high court to get their house back when they came back from overseas. They're not bailiffs - my mistake. They're high court enforcement officers. It took less than a day. The tenants were out of the house and all the costs paid. Nothing like leaving it to the county court bailiffs, who seemed to be so overworked it was taking weeks to get anything done.


The deposit wasn't enough to cover their costs because as soon as they tried to get the tenants out (the lease was finished but the tenants reckoned it went onto a rolling lease and they didn't have to leave, then they withheld the rent so the costs started to go up).

dktreesea

Guest101 wrote: »

Actually the LL can take the costs from the deposit, usually.


Please do be careful when you post totally incorrect information.

Solicitors costs - my relatives recovered all their costs but in the event they hadn't they said they would have taken a private civil action against the tenants, they were so angry about how it had taken months to get their home back.


It totally put me off being a landlord. The police, at one stage late in the proceedings, when repossession was imminent, threatened the tenants with being charged with trespassing if they didn't leave the house. They definitely weren't bailiffs who came to repossess the property though - there were two of them and they were high court enforcement agents.



They didn't have any problem transferring their action to the high court. And I don't really get why the county court takes so long, given they were presumably capable of both evicting the tenants and collecting any costs/seizing assets. The high court takes no time at all.

dktreesea

Pennysmakepounds wrote: »

:rotfl::rotfl::rotfl:

Yeh ok....and tenants that don't pay their rent and think they have a god given right to be housed whilst completely trashing the house are Angels :A that that have fallen from the heavens...God bless them...:rotfl::rotfl::rotfl:

There are BAD landlords, but the the majority are decent people just trying to make a living who provide furnished and clean houses for people who need them.

On the flip side most tenants are honest and decent people that just cannot afford to buy (or may not wish to) and want to rent, but then their are small number who are just the SCUM of the earth useless wastes of space.

The current system of evicting is flawed it treats decent tenants with real need that just can't make payments in the same way as people who are just scum.

If you go into a shop and remove goods without paying, then you get charged with theft. What is the difference between that and tenants who occupy a house with no means to pay for it?


Yes, tenants may well have a real need for shelter, but if they can't afford it, then it's up to the government to house them, not the private sector. Why should landlords, even those who just want their house back, let alone those who are suffering rent arrears, have to wait months and months for the county court to get it together and force the tenants out?


I'm old enough to remember when the rent was the very first thing that got paid, ahead of other bills and living costs. Now it seems to be the last thing that gets paid.

[Deleted User]

Hmmm some of the answers are from people who live in a different UK to me lol.

I was evicted when LL wanted to sell the house. No rent arrears.

I was issued a S21.., two month's later (and a bit) I was notified of a Possession claim, had two weeks to make a defence as the OP says. Once that date was passed a court date was set, on that date a Possession Order was made at a cost of £280. The Order stated that I had to repay the LL the cost within 28 days (you can notify the court that you can't afford the costs.., how and what happens when you do I don't know). Then within a week after the date on the possession order I received a notice from Bailiffs giving me a date two weeks further on to be out of the house. The bailiffs gave a date a time and that was when they came round. This cost me another £110. The only delays were due to the LL's ineptitude. Not the bailiffs, although I believe there are some areas that experience delays. No real need to get High Court Sheriffs involved unless you want to.

Remember though that tenants may not leave until the bailiffs come round because that's what councils insist on if you apply for social housing. You have to, in those circumstances, stay in the property until bailiffs turn up or otherwise you will be found voluntarily homeless.

Obviously this depends on the relationship between the tenant and you, but if there are no rent arrears perhaps you could come to some arrangement re returning the deposit early (if the house is in good condition) so they can move on to another private rental more easily. Just a thought. Might also help prevent them not paying rent once the S21 is issued due to the need to save another deposit/bad feelings.

Guest101

dktreesea wrote: »

One of my relatives had - CHOSE to* to use the high court to get their house back when they came back from overseas. They're not bailiffs - my mistake. They're high court enforcement officers. It took less than a day. - Which is no longer legal The tenants were out of the house and all the costs paid. Nothing like leaving it to the county court bailiffs, who seemed to be so overworked it was taking weeks to get anything done.





The deposit wasn't enough to cover their costs because as soon as they tried to get the tenants out (the lease was finished but the tenants reckoned it went onto a rolling lease and they didn't have to leave, then they withheld the rent so the costs started to go up).

The tenants were correct, the lease automatically by law becomes periodic.