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My girlfriend has been letting her cottage since last may through an agent ,the tenant has not paid any rent since November 2018, we have given her a section 21 in January and have taken her to court for repossession , the court awarded possession and costs, for Yesterday but still the tenant has not moved out ,so on Monday we apply to court for bailiffs action

The tenant does not communicate with agent and ignores all emails, phone calls and texts, we do not know where she is 

Question !! what happens if the bailiffs go and cannot get an answer ? where do we take it from there 

Has anyone been in a similar position  would appreciate any comments … thanks

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I have never been in this situation but I do watch 'Can't Pay They'll Take It Away' .......and it's amazing what you can learn.

 

Assuming all the appropriate notices have been served and court orders obtained......my understanding is that the bailiffs will effect entry to the property and a locksmith will change the locks. ......you have then regained possession of your property.

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Having done this many times what Richlist says is correct BUT ONLY if you have had the possession order transfered up to the high court which would normally be requested at the time of the hearing or afterwards.

I suspect you havent done the above and a county court bailiff is booked to attend. If so YOU have to arrange for the bailiff to gain entry which means meeting them on site at the time of the appointment and giving them the keys and/or having a locksmith or handyman there to gain entry and then the bailiff will enter. The bailiff will then kick out the residents and hand the property back to you. If you dont give the bailiff access they can just walk away and you have to rearrange at extra cost.

Good luck and let us know how you get on.  

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Hi Grampa

I have read that you have to elevate the writ from county court to high court under section 42 is this correct and it says that it is at the judges discretion , or do we just enter it at the high court

Its a minefield !

Appreciate your reply as going to court tomorrow to apply

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Because it seems quite complicated to those of us who are inexperienced and requires the correct process to be followed......that's why there are various firms ( and some lettings agents) who carry out this type of work for a fee.

It's not always a good idea to try to do it yourself when you can get an expert  to do it for you for a small, tax deductable, fee.

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it is more expensive to go down the high court route. I have never needed to go that way because  the CC bailiffs in my area work within a 14-18 day window after applying for one. That is a quick turnaround for CC bailiffs. Some areas can be a couple of months+. Call your court and ask the what their lead time is for the bailiff and if its a long time it can work out cheaper to apply to use a HC bailiff if you are not getting any rent in.

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