Bailiffs are our last resort

jillconey

Any help would be appreciated.  The stress is unbelievable 
The tenants occupying my fathers home (I have POA) were served a section 21 14 months ago and since then have not paid rent. A section 8 was issued and ignored. Court case was postponed by tenant and Manatory Possesion granted in December, also ignored (so what dies Manatory even mean ???)
The section 21 was served as house needs to be sold as my father is self funding a care home..
Bailiffs are due next week and I’m not sleeping thinking they will pull some trick at last minute. 

Just seeking advise or reassurance really. Solicitors advise they have no grounds but are very tricky. They have history. 

Also they agreed to Manatory Order as “they had somewhere to go if we reduced arrears”

jillconey

Yes I have locksmith on standby. Thank you. It’s just so stressful and I feel like I have let my father down. He worked so hard and these people are effective stealing from him.

fatbelly

Do the bailiffs not attend with a locksmith? I thought that was part of the 'service'

I'm not sure there are no tricks. I've attended court hearings on the morning of the eviction where the tenant has requested a variation of the order, and the bailiff has waited outside the court to hear the result.

And that was before Breathing Space was introduced.

ProDave

jillconey said:

Any help would be appreciated.  The stress is unbelievable 
The tenants occupying my fathers home (I have POA) were served a section 21 14 months ago and since then have not paid rent. A section 8 was issued and ignored. Court case was postponed by tenant and Manatory Possesion granted in December, also ignored (so what dies Manatory even mean ???)
The section 21 was served as house needs to be sold as my father is self funding a care home..
Bailiffs are due next week and I’m not sleeping thinking they will pull some trick at last minute. 

Just seeking advise or reassurance really. Solicitors advise they have no grounds but are very tricky. They have history. 

Also they agreed to Manatory Order as “they had somewhere to go if we reduced arrears”

There needs to be a publicly accessible Landlords website to name and shame tenants that do things wrong like not pay their rent, to ensure no future landlord will give them a tenancy ever again.

Jonboy_1984

ProDave said:

jillconey said:

Any help would be appreciated.  The stress is unbelievable 
The tenants occupying my fathers home (I have POA) were served a section 21 14 months ago and since then have not paid rent. A section 8 was issued and ignored. Court case was postponed by tenant and Manatory Possesion granted in December, also ignored (so what dies Manatory even mean ???)
The section 21 was served as house needs to be sold as my father is self funding a care home..
Bailiffs are due next week and I’m not sleeping thinking they will pull some trick at last minute. 

Just seeking advise or reassurance really. Solicitors advise they have no grounds but are very tricky. They have history. 

Also they agreed to Manatory Order as “they had somewhere to go if we reduced arrears”

There needs to be a publicly accessible Landlords website to name and shame tenants that do things wrong like not pay their rent, to ensure no future landlord will give them a tenancy ever again.

Not that it helps the OP at this stage, but if said landlords apply for a CCJ then said debts do appear on an appropriate database that will show when correctly credit checked…not sure what a kangaroo court would bring to the table???

MalMonroe

jillconey said:

Any help would be appreciated.  The stress is unbelievable 
The tenants occupying my fathers home (I have POA) were served a section 21 14 months ago and since then have not paid rent. A section 8 was issued and ignored. Court case was postponed by tenant and Manatory Possesion granted in December, also ignored (so what does Manatory even mean ???)
The section 21 was served as house needs to be sold as my father is self funding a care home..
Bailiffs are due next week and I’m not sleeping thinking they will pull some trick at last minute. 

Just seeking advise or reassurance really. Solicitors advise they have no grounds but are very tricky. They have history. 

Also they agreed to Manatory Order as “they had somewhere to go if we reduced arrears”

Do you mean Mandatory? That just means compulsory - or they have to do it by law.

If bailiffs are going to evict the tenants under a Warrant of Possession order, they won't be able to pull any tricks. 

Cases like this are enough to put anyone off becoming a landlord.

km1500

Yes, don't forget to apply for a CCJ against them for unpaid rent - that will stop them renting in their tracks for 6 years.

elsien

jillconey said:

Yes I have locksmith on standby. Thank you. It’s just so stressful and I feel like I have let my father down. He worked so hard and these people are effective stealing from him.

You haven’t. You can do all the relevant checks on people, and they seem like normal sensible reasonable people, and it can still go pear-shaped. Not helped by councils telling people to sit tight until they’re evicted if they are looking for help with rehousing.

theartfullodger

Part of being a landlord: Sorry, but that's reality. Pursue them for rent and ensure they get CCJs.  What sort of reference are you providing?? (Full & honest I'm confident..)

jillconey

I’m not sure how to answer individual people but thank you to those that responded. No, baliffs don’t  provide locksmiths. Yes I agree a register would be good, I believe the tenants have ccjs but because they had guarantor and previous case was/is still ongoing it don’t show up. We could pursue the guarantor but he is arguing only agreed 12 months and because law is about to change to 12 months and our agent didn’t double check all papers initialled we have been advised they would be costly and we have already spent several thousands in legal fees.  Yes we have Mandatory Possession order (sorry I’m dyslectic) . I meant mandatory didn’t seem to mean mandatory on the day.  Yes, my sister had 6 rentals and was landlord for several years but has now sold them all , along with several other landlords we know.  I do feel the new laws coming in regarding section 21 will mean lots of landlords will sell up.  I will update with baliff outcome

anselld

It is not costly to make a claim against the guarantor via MCOL and they can argue all they like about 12 months that is not what a guarantor agreement would have said.  On the other hand if your agent are saying they messed up the paperwork they should be sacked.  (It doesnt need to be initialled every page but it does need to be signed as deed and witnessed)