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After section 8 CCJ


bigbrother456

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Hi

I am new here so please forgive my lack of previous knowledge!

Took my tenant to court yesterday and judge awarded CCJ under section 8. Tenant has 14 days to move out and owes me £3350.

The main problem is I want him out in 14 days but the court bailiffs are not available until a month or so away (which makes the 14 days a joke!). The legal rep I had did say the bailiffs weren't essential - can anyone elaborate on this? Can I after the 14 days legally enter the property without bailiffs?

Also any (non cynical!) advice on best course of action to recover the money? I am considering attachment order.

Thanks

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Hi 456

Yes, you will have to join the queue for the bailiff. Be warned as I did it the other way and am in court in November for 'violent entry' to my own property. My now ex -tenant owes about the same. I got a CCJ and debt collector but no money yet. If tenant is working DC may be best way to get paid.

If you try to enter tenant will say you are harrassing him/her and then go for you to get damages of £££££'s. He/she may decide to go of his own accord of course.

The courts are hopeless and scumbag tenants just hang on waiting for you to slip up.

I don't know of any other way that is legal.

Good Luck,

Mortitia

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Hi,

the advice you have received is correct, you dont need a court bailiff to get possession for you, When the date for possession given in the court order has passed, you are technically entitled to take the proprty back. The rules though on what you are allowed to do to actually get possession if the former tenant hasnt moved out - and particularly if they are actually in the property when you call - are complex, so this is an area where I would always get professional advice.

There are private bailiffs who know about this sort of thing and who may be able to help. Finding a completely reputable one isnt always easy, but a starting point might be to find out who your local authority uses might be a starting point.

Good luck

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