Eviction Day

[alanjames]

We have a date for the bailiffs to evict a tenant who is after a council house ...

These are the things that I think need to be done:

Change the locks

Read the meters

Inform the utility companies

Inform the council

Inform the insurance company

Anything else?

This will be my first eviction!

Regards, Alan.

[odecar]

Bring video / digital camera and take loads of pictures.

Visit property or surrounding before eviction to ensure not being thrashed.

[pugsy]

If your tenants are going through the motions to get a council house, then presumably they will go quietly and amicably leaving a paper trail through housing? Or not? Are there any arrears or damage/legal costs?

[Melboy]

Blacklist the Bu$$ers so as they don't put any other people through what you have had to go through.

I have never understood why Councils insist on this "must be evicted" to obtain a Council House.

Totally wrong in my view 'cos it just blatently encourages Tenants to put two fingers up to Landlords and break the Law.

Mel.

[Selkirk]

Melboy

How do you go about blacklisting and where can you go to find out who is on such a list?

I would like to think there is a national register, where their name and passport number are listed, if prospective T doesn't have a passport - further enquiries.

cheers

[Melboy]

Rodent is our resident "Dr. Evil" and he will almost certainly know how to go about it in black-balling a rogue Tenant.

Fortunately I have had a few pain free years from rogue Tenants.

Mel.

[alanjames]

Rodent is our resident "Dr. Evil" and he will almost certainly know how to go about it in black-balling a rogue Tenant.

Fortunately I have had a few pain free years from rogue Tenants.

Mel.

Thanks for all the replies.

I know from reading some of the other threads that I could have done much better. However, ... the tenant hasn't paid any rent since the end of March and he hasn't paid the legal fees. The bailiffs are authorized to collect the legal fees on eviction day but I am told that is unlikely - their main interest is in getting the tenant out (and that's mine too). So far I do not have any court order for the rent arrears and have been using a debt collector without any success. Someone mentioned Thorntons in another thread. My google search came up with several possibles. Can someone help with a web site or telephone number?

I want to go the debt collector route as the legal process seems to be long, expensive, very uncertain and more stress for me than it would be for the tenant. Actually I am prepared to swallow the arrears but it keeps me awake to think of the tenant (euphamism) getting away with this kind of thing encouraged by the council. He has not paid any rent since the council told him he had to be evicted. When I talked to the council about this practice it was like the dialogue of the deaf. The council woman insisted that at the end of any tenancy "you have to evict the tenant". I asked/begged if they could take it as read that I would evict him and rehouse him anyway - "it doesn't work like that". She did seem taken aback by the fact that he wasn't paying his rent even though he is in full time employment. I suspect the council do not want him as a tenant either.

If anyone wants more heart rending detail on this I am happy to give it but I suspect you have all heard it before.

Thanks again for your responses. Alan.

[GPEL]

I suspect the council woman either knows little of the process, or chooses to ignore, the process to end a tenancy and its impact, to suit their purposes. Councils housing criteria is that applicants for their property have to be involuntarily homeless. The only way this can occur if they are tenants in private residences is to undergo eviction. You may not want to evict them but the tenant is forced to go down this route because of council housing criteria. Completely wrong and passes the burden to the landlord.

[Simon Dewsberry]

Hi All

"Dr Evil" .....................?? Cheers Mel !! LOL (not quite sure what i did to get this title bestowed upon me!)

A few points to be expored here !

As i have said on many occasions I have never been nor intend to go to court (if i can possibly help it !) to remove a tenant - it is also a very are occurence that i actually need to "get" them out !

I am very particular about the tenants i allow in - in the first place !

I do allow HB tenants but only under extremely strict criteia ie WITH A FULLY REFERENCED SQUEKY CLEAN GUARANTOR who is made absolutely aware that the second the HB screws up i will be looking to them for immediate payment making them aware that failure to pay will lead to very fast action from a DC.

People on the "eviction for C house scam" are a bit harder to spot but (as stated so many times b4 ) are made aware of my complete commitment to collect rent very effectively and efficiently ....

If someone were to take the food from the mouths of the tenant's kids or steal £500-£1000 from their bank account then, as i sugges to to such tt's they would a bit tad pissed off!" and then explain ( in the nicest possible way) that i get very very pissed off when this happens and i react very quickly and effectively to redress such situations - (not 4 months to evect then never get the arrears) The secret to minimising this problem is to assume that all T will try to do it - so have systems already in place to deal with it very quickly !

"motivation" -- from motive - ation - reason for action - the best motivation i am aware of is to create a situation where it is easier/less hassle for the other party to do what you want not what they want - a bit of physcological warfare doesn't go amiss either !

Debt Collectors instill the fear of God into most people - and that is before they have even met one !!

If you set it up right, you can lump ridiculous costs onto T's in a fairly short space of time making it a much more attractive option to pay up and quickly

I also use the removal of these costs as a tool to negotiate immediate vacation of property - if all this fails then DC is instructed pretty quickly!!!(although this is rare!)

"a stich in time saves nine" you are running a business no a charity or social benefits center.

Try not paying your TAX or VAT and see just how much mercy the government show you

Claim some benifits you are not entittled to and check the level of mercy you are shown

Now afford your Tenants the level of mercy as set by our Government !! as our role model !(when they trangress) surely this cannot be considered as anything but fair and right ......................?

Moral of the story "due diligence" on referencing - do it properly and i dont mean a simple credit file check -

You need to know that they have permenant employment for 6mths (on a 6mth ast)

also that the income is high enought to service any debts they may have and comfortably still pay the rent - FLS (tenantref.co.uk) will do all of this and give you a suggested "credit" limit for rent - if this falls short or fails then you need an "a1" guarantor who will pass ref.

If someone is given climit of say £590 on a £600pcm rent then i am " at risk" for £10 pcm so i take an extra £60 (6mth ast) at beginning and do rent at £590 SIMPLE !!!!

Simon

Alan

Try

http://www.thornburycollections.co.uk/ not thorntons!

Simon

[alanjames]

Rodent,

Thanks. I have taken all that on board and will try the website now.

What I do not understand is how a tenant who gets himself evicted is not making himself homeless.

As far as the eviction is concerned, the guidelines on the notice are confusing (to me at least). There are referneces to reasonable force and who has the decision making ability and some of these references seem contradictory. The one that really got my attention says: "In the event of the bailiff deciding, in the interests of health and safety not to use reasonable force s/he will withdraw from the eviction." Obviously no one knows for sure what will happen but ... does anyone have any experience?

What is the legal position after a "failed evicition"? Does the landlord have the right to take possession when the tenant is out (at work!)?

What is the legal position with starting our own black list of tenants? I suspect it is fraught.

Regards, Alan.

[odecar]

Saw a property at the weekend with a sitting tenant who the council pay 70% of the rent for.

Management comp screwed up as he was in credit and then despite continued requests they didn't ask him for money for 6 months, vendor has confirmed the truth in this.

He wants a ground floor flat as he has epilepsy and council will not even consider rehousing him while there are any arrears.

[kalbi]

can rodent help on this??

This is a story that you have all heard countless times before. Many regrets on taking on the tenants, should of sat and read a lot more and wish I had known about this website beforehand.

Tenants in serious arrears, following Rodents advice have put Thornburys DC on to them. Though not sure even they will get a penny out of them!!

Tenants have a total "up yours" atitude. Have to say they are not the sharpest knives in the draw, but clever enough to live rent free.

They have applied for Council House, but not elegible as made themselves homeless by not paying rent. They have been told they must register under the Homeless Act

Section 21 applies in 2 weeks time, after the statuary 2 months notice.

What redress can they do if we turn up on the day they are to vacate and start the refurbishment that is badly needed.

They have ruined the property by using a tumble dryer continually for 1 yr with no air vent, windows open and not even on an outside wall (this only came to light recently when they complained to eviromental health re damp!!) Black mould is throughout the property.

If we enter the property on the date they are due to leave (they have promised they will be leaving!!)

and they have no intention of going, what can they do if we rip out the kitchen during the repair work. Have spoken to police and have been informed that this matter is civil and not criminal.

I respect all the advice that you folks give but tend to side with Rodent as he seems far more realistic in matters. The Housing Act is not a level playing field by any means and what is wrong in trying to take back your property from tenants that have had no intention of paying rent, have taken housing benefit towards the rent and not passed it on.......council do not seem that bothered that public money has just gone into tenants pocket. Only found out 2 months ago that they had been receiving HB.

Sorry to go on.......have read up on the court procedure for possession if they dont vacate and that can take up to a few more weeks to get the baliffs, feel like I just need to get them out myself

Please dont tut too loudly Rodent, I have smacked my wrist a dozen times......... can you help??

[odecar]

If its a forecable eviction then always have a friend with a video camera so you have evidence if need be.

Ensure police are aware as then they can have someone around if necessary to ensure no breach of the peace or at least if they know what is happening there.

As they have arrears and abused the HB then quite a good chance they will be homeless as coucil should refuse accommadation.

[Simon Dewsberry]

HI Kalbi

I thank my lucky stars that this has never happened to me ( although even with all my efforts to avoid this situation - it will surely happen one day ! )

I am no expert in the law neither do i have any personal experience to draw on for this one

But my thoughts are these:

An eviction order is clear - T to leave property - Unfortunately if T refuses you will have to go back to court to get a bailiff order ( or so i believe ...?) to get them evicted ... apparently when bailiff attends he should not leave the scene until he hands you the keys of your vacant property ......(it doesn't always happen like this - as people will i'm sure confirm shortly....)

Intervention between eviction notice and bailiff attendance is not recommended as it will land you in very hot water ( if T refuses to go ...)

Personally I would be very tempted to wait until t leaves prop unattended then race in and change the locks immediately .....but this is very dependant upon what possesions are left in the prop - if empty then clearly you have regained possession - but if some of t possesseions remain they could easily argue that they had not "vacated" ....

Read a very interesting article on exactly this situation a few weeks ago - A LL waited til T went out, then his team moved all possessions onto communal garden outside prop with tarpaulin over them to protect them - then changed all door locks - and installed some "friends" as tenants - Upon T return a rather angry T screamed expletives for 30 mins then called the police - the police then declined to attend as it was a CIVIL MATTER !!!

Hmmmmmmmmmmmmm NOW that's interesting ..............

Simon

[alanjames]

Why can't we have our own black list? For all we know the guy we are evicting will be your tenant next. I really can't believe the council will take him on.