Jouma Posted November 14, 2016 Report Share Posted November 14, 2016 one of my tenants said he will NOT vacate the premises even after the court has set an eviction date, Where do I go from here Link to comment Share on other sites More sharing options...
Carryon Regardless Posted November 14, 2016 Report Share Posted November 14, 2016 Back to the court and pay for Bailiff action. Link to comment Share on other sites More sharing options...
vicks Posted November 14, 2016 Report Share Posted November 14, 2016 If your tenant doesn't leave by the date set on the possession order you can instruct either the county court bailiffs or upon having permission granted a high court enforcement officer to evict the tenant. Link to comment Share on other sites More sharing options...
Grampa Posted November 15, 2016 Report Share Posted November 15, 2016 Lots of tenants say this but once you have the possession order from the court and that date has passed and if the tenant is still there apply for a bailiff. In my area it takes about another 10-14 days some some areas it could be a lot longer and if so that may be the time to get a high court bailiff. Link to comment Share on other sites More sharing options...
Richlist Posted November 15, 2016 Report Share Posted November 15, 2016 Oh the joys of being a landlord ! Anybody got any statistics that show the number of evictions by bailiffs and high court enforcement each year ? We see so many media reports about bad landlords and lots of legislation penalizing landlords........it would be nice to have some numbers to balance the argument. Link to comment Share on other sites More sharing options...
Melboy Posted November 15, 2016 Report Share Posted November 15, 2016 1 hour ago, Richlist said: Oh the joys of being a landlord ! Anybody got any statistics that show the number of evictions by bailiffs and high court enforcement each year ? We see so many media reports about bad landlords and lots of legislation penalizing landlords........it would be nice to have some numbers to balance the argument. Could not find any positive information but I would suggest it does run into several thousands a year. The High Court would be the route for me if I ever had to as I know around my location it can take up to 8 weeks for a County Court bailiff to action the eviction. The High Court can and do action within 7 days in most cases. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted November 15, 2016 Report Share Posted November 15, 2016 I believe most local authorities will accept a date of repossession by the court as adequate for rehousing so most T's depart, having only cost us £280 + additional losses. Personally I haven't had the need to proceed further than a court repossession YET. Although I also believe that, with further permission from the CC, that can be requested at a repossession hearing, we can speed things up by using the high Court Sheriff. This, I believe, will relieve us of a further £1K(ish). With the value of my rents I don't envisage this having purpose for me. RL I have been saying for years now that the protection provided toward poor, poor T's is disproportionate, and largely down to social minded MP's (of any party) wanting to bleat on about something that sounds worthy..Serves us right for being the sleazy, underhand, untrustworthy second hand car property occupation salespersons. Link to comment Share on other sites More sharing options...
fionaf Posted November 15, 2016 Report Share Posted November 15, 2016 Check your tenancy agreement, hopefully you've made it clear that they are liable for any court and bailiff fees. Make this clear to them that the additional costs will just be added to what they owe you. Hopefully you will also have clear mention of if they do vacate and leave items in the property how long you (won't) keep it adn/or the costs of storage. They will also have an action against them which will make it harder for them to rent in the future. If they are on benefits the local authority has probably advised them to stay put as they won't help them until they are physically thrown out, a sad state of affairs and not actually necessary. In our area the country court bailiffs are booked up for about four weeks. However the court paperwork took about two weeks as we couldn't go through with the bailiff until we had the relevant reference from the court so it actually took six weeks. Get friendly with a local locksmith if you don't know how to change the locks yourself. Statistics are here: https://www.gov.uk/government/collections/mortgage-and-landlord-possession-statistics Landlord claims for Q2 2016 were 34,000, 10,379 of which were suspended, 10,528 of the remaining were repossessions by county court bailiffs, so that sounds like out of the initial claims issued a third go all the way to the bailiff. Not much fun reading there! Link to comment Share on other sites More sharing options...
Richlist Posted November 15, 2016 Report Share Posted November 15, 2016 Without a genuine guarantor (or rent guarantee insurance) it's extremely unlikely that the landlord will get the money owed to them. If the tenant is in receipt of housing benefit, I'd go as far as to say there is more chance of Nigel Farage becoming prime minister ! Link to comment Share on other sites More sharing options...
Carryon Regardless Posted November 15, 2016 Report Share Posted November 15, 2016 I've been surprised some recently regarding a couple of HB tenancies. Both did a runner, the first was traced through a tracing agent and they are now recovering approx £32 pm, they keep 25% and pass the rest on. As and when he pays the original sum off I'll peruse him for the 25% I've been charged for the service. Little chance or none I'll enjoy harassing that one. The g'tor of another is paying £150 pm. In truth I believe she is protecting the wherabouts of the T by passing on the dosh. I don't care. Both of these debts were right off in my mind but goes to show some times it's worth the effort. But of course it doesn't totally compensate for the true effort, renovations, extra admin. Link to comment Share on other sites More sharing options...
Grampa Posted November 15, 2016 Report Share Posted November 15, 2016 I would like to know if there are any statistics regarding failed evictions and whether there has been an increase since the requirement (& effect of validity of S21) to supply EPC, Gas cert, and "how to rent guide" to the tenant. As well as the 4 month rule before servicing a S21, the shelf life of a S21 and the new format of S21. Lots of boxes to tick to get it right and I havent even started on the deposit protection stuff. Also the large increase in court fees may have had a impact also. I would eat my hat if the above hasn't made a difference in favor of the tenant. Link to comment Share on other sites More sharing options...
Richlist Posted November 15, 2016 Report Share Posted November 15, 2016 Good points Grampa but of course, the vast majority of landlord's will never be in a position of having to issue an S21. In my 17 years of landlording I have only had to issue an S21 on very few occasions out of maybe 100 tenancies. I suspect, ( but I have no evidence to support my suspicions) that a very large proportion of landlord's don't bother with many of the long list of new requirements that came into effect in Oct' 2015. We already know that many landlords do not bother with guarantors, rent guarantee insurance, proper vetting & tenant selection and have little or no concept of risk management. With fair weather and a following wind.......nobody will ever know they have not complied. Very few tenancies end up with problems that require them to end up in court or require bailiff action. But those same landlords are usually the ones who sometimes get themselves into lots of trouble and seek help/ advice. Link to comment Share on other sites More sharing options...
Grampa Posted November 16, 2016 Report Share Posted November 16, 2016 I do agree but my comments and on this site reflex the market I deal with which is mainly 1-3 bed properties in a price range mostly between £450- £1800pcm and probably 30% of the properties managed have some form of HB. Over the years we have constantly raised reference standards which has made a huge difference and I very rarely have to prepare court papers or go to court with a landlord. The trouble is as I am always after other agents portfolios to buy I end up back to square one until we get them sorted out but in a masochistic way I sort of enjoy it. Link to comment Share on other sites More sharing options...
Richlist Posted November 16, 2016 Report Share Posted November 16, 2016 Yes I can understand and accept that and adopting a policy of continuous improvement makes good business sense. It goes almost without saying that HB tenants, probably represent a much higher risk of a difficult / failed tenancy than any other group. In fact, any tenancy where the applicants income is marginal relative to their outgoings will also be a higher risk. We could go on listing all of the scenarios where a tenancy application will flag up a red flashing light.......history of unemployment, debt, single parents, unusual lifestyle etc etc. It's one of the reasons I opt for rent guarantee insurance because the insurers checks identify anyone who is on benefits, has a marginal income or poor credit rating and is therefore likely to fail. Some landlords are happy to accept people from these high risk groups in exchange for a higher rent and / or a poorer quality home (with lower maintenance costs). They often require more hands on involvement. Some landlords don't consider any of those issues and let to the first person who shows interest. Link to comment Share on other sites More sharing options...
Grampa Posted November 16, 2016 Report Share Posted November 16, 2016 6 hours ago, Richlist said: Some landlords don't consider any of those issues and let to the first person who shows interest. This must the prime example of the inexperienced landlord doing it themselves or poor agency. Link to comment Share on other sites More sharing options...
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