illegal eviction

[coowong88]

Hi everyone - glad to join you and hope someone can make me understand the unfairness of my situation.

I've gone through the legal process to evict my tenant. He signed an AST including a s21 notice with me in Dec 09. Since then I have only received 1 months deposit, 1 months rent in advance and part of February's rent.

He has drilled a hole in the front door (of our grade II listed building) to install an arial (which we had already installed) moved in two big dogs (to trample all over our solid walnut flooring) let the dog poo all over the lawn and wont clean it up (my husband goes over once a week to clean it up). He changed the locks and refuses to let us have a key.

An agent friend of mine (not the agent that placed this tenant) recognised him from a few years back - he's a professional tenant from hell. He has been making a habbit of this for the past ten years. My worst fear is, according to my friend, that he normally trashes the place before he leave it,

We now have a possession order from the court (14 days). But my question is this: if on the 15th day he is still in our house and I gain entry, move all his stuff change the locks and regain possession of my property, what can he do about it? What would be the worst that could happen to me?

[SPEEDTWIN]

No you cant just go in. You to visit the property after the 14 days are up to find out if he is still there and if so you need to apply for a court bailiff. It is court form N325

http://www.hmcourts-service.gov.uk/courtfi...s/n325_0499.pdf

It costs £95. Get it filled out ready and if he is still there get up to the courthouse before 10am which is normally before the bailiff starts his rounds and ask to speak to him. Doing it this way instead of just handing the form and payment over can sometimes mean the bailiff will fit you into a earlier slot.

[coowong88]

thank you speedtwin I will certainly fill out this form in preparating. However, I've learned from scarring the internet - that he does not need to let a baliff into the house. If he just stands his ground and refuses to open the door then where do we go from there?

[Mortitia]

Who checked the references out on this tenant from hell then? Do name and shame here.

If he won't open the door on the day the bailliff can call for police assistance. If this creep knows the score he will probably go before or he won't have time to trash the place! What happend with the agent that recognised him - in that case?

The worst thing that can happen to you if you enter illegally and since you already have a posession order is up to £1000 fine in the magistrates court, criminal record, DNA on data base. You may already be known to the boys in blue already - so not such a big deal then.

I have been there and done that and I am NOT saying that you should BUT at the end of the day getting posession of my London flat in one piece was paramount and you may feel the same way.

Mortitia

[coowong88]

Mortitia: thank you for your input. I will name and shame once this farse is over.

[SPEEDTWIN]

There is a big differance between a bailiff collecting money owed and a bailiff enforcing a possession order. If they are just money collecting from a MCOL then yes the tenant doesnt have to let them in or answer the door.

But if he is enforcing a possession order from the court as long as he can get in ( thats why it is besst to have a locksmith or good handyman on site at the same time) they will (and it depends on the individual bailiff) get the people to leave and give you legal possession. Sometimes the police will need to be there but that is rare.

If you think the tenant will need to be manhandled out you should let the bailiff know in advance on the form and request a police presence. They then will get him out.

[sjcollett]

Yiyi - what happened with this?

have you checked your insurance policy to see if you have malicious damage cover - that may enable you to recoup some of the cost of the repairs once he has been evicted.

There is a big differance between a bailiff collecting money owed and a bailiff enforcing a possession order. If they are just money collecting from a MCOL then yes the tenant doesnt have to let them in or answer the door.

But if he is enforcing a possession order from the court as long as he can get in ( thats why it is besst to have a locksmith or good handyman on site at the same time) they will (and it depends on the individual bailiff) get the people to leave and give you legal possession. Sometimes the police will need to be there but that is rare.

If you think the tenant will need to be manhandled out you should let the bailiff know in advance on the form and request a police presence. They then will get him out.

[jamest]

Yiyi - what happened with this?

have you checked your insurance policy to see if you have malicious damage cover - that may enable you to recoup some of the cost of the repairs once he has been evicted.

Malicious damage cover usually only pays out if it is done by an unauthorised tenant, this one has an AST albeit he is being evicted, so he is authorised. It's one of those weaselly ways insurance companies don't pay out.

[sjcollett]

This depends on your insurer - ours is malicious damage from the tenant with whom we have an AST

Malicious damage cover usually only pays out if it is done by an unauthorised tenant, this one has an AST albeit he is being evicted, so he is authorised. It's one of those weaselly ways insurance companies don't pay out.