albion1 Posted May 26, 2011 Report Share Posted May 26, 2011 I am an overseas based UK citizen and have a repossession order on my property in England which expired on 23th May. My lettings agent did a final inventory check inspection on 24th May. They reported back that there were signs that the tenant hadn't been staying in the property for a while with an accumulation of post behind the door. It was also known previously that she only used the place sporadically. However the agent reported back that there still remains a few and mainly small personal items of the tenant whereas a previous inspection revealed a typical full household of effects. The impression we get is that she lives elsewhere and just uses and maybe still intends to use the place occasionally. My dilemma is how I go about changing the locks. I am aware of the legal implications in that I must use a County Court bailiff and apply for a Warrant of Execution which obviously prolongs the matter and will cost me yet more. What I am not clear about is what exactly will the bailiffs do? For example there would be no need to break in as a copy of the keys could be obtained from my lettings agent. Also the tenant most likely will not be living in the property when they attend the address so would they just remove the remaining personal effects and provide a document to confirm that the execution has been completed and then the locks can be changed either on the spot or later? In addition how best and when should the locks be changed after bailiff action as it obviously will be difficult for me to organize being out of the country? I have read that ideally a locksmith should attend at the same time but I would imagine that this might prove difficult to arrange. Could the locks be changed sometime after the bailiff involvement such as 2-3 days later? Appreciate some feedback so that I can determine what to do. Link to comment Share on other sites More sharing options...
Mortitia Posted May 26, 2011 Report Share Posted May 26, 2011 Hi Albion, I'm a bit confused here do you mean possession order as in Section 21 under Housing Act 1988 or repossession order meaning you have defaulted on your loan and mortgage company wants to take property back but you have a tenant? I'll take it you mean the former. You or your agent now have to apply to the court bailiff (there is a fee) so he can attend and enter the property then you/agent can remove any goods and agent can get locks changed. The wait for the court bailiff will be 3-4 weeks depending on where the property is - unfortunately if tenant does not go voluntarily you have to go through this process or tenant could have you for harrassment. A simple procedure in your case with a long wait. Locks can be changed same time at bailiff calls and agent should have access to a local locksmith - the most basic function of an agent. It would be helpful if you or agent could be in contact with the tenant so get agent to put letter attached to door saying you have court order and can tenant take goods etc and contact agent to formally end the tenancy. What is happening about the deposit? Does tenant owe rent? Mortitia Link to comment Share on other sites More sharing options...
albion1 Posted May 26, 2011 Author Report Share Posted May 26, 2011 Hi Albion, I'm a bit confused here do you mean possession order as in Section 21 under Housing Act 1988 or repossession order meaning you have defaulted on your loan and mortgage company wants to take property back but you have a tenant? I'll take it you mean the former. You or your agent now have to apply to the court bailiff (there is a fee) so he can attend and enter the property then you/agent can remove any goods and agent can get locks changed. The wait for the court bailiff will be 3-4 weeks depending on where the property is - unfortunately if tenant does not go voluntarily you have to go through this process or tenant could have you for harrassment. A simple procedure in your case with a long wait. Locks can be changed same time at bailiff calls and agent should have access to a local locksmith - the most basic function of an agent. It would be helpful if you or agent could be in contact with the tenant so get agent to put letter attached to door saying you have court order and can tenant take goods etc and contact agent to formally end the tenancy. What is happening about the deposit? Does tenant owe rent? Mortitia Hi Mortitia, Thank you for your response. A Section 8 was served for non-payment of rent before the Possession Order was granted on 9th May ordering my tenant to vacate the property by 23rd May and pay outstanding rent plus costs. The problem we have with this tenant is she does not respond to communications and we are not fully aware of her whereabouts. Your point about the agent performing basic functions on my behalf is a sore point. This company was taken over by a major property company not so long ago and now seems to be strictly applying only limited services as interpreted in the contract agreement based on my recent dealings with them. As a long-term customer of them it is not something I am very happy with which they are aware of and they have given way somewhat after complaining. However I am not confident that they will carry out the functions that you mentioned. They also would not assist with the legal actions taken so far as they stated it was my responsibility. Concerning the deposit, the agent has told me that I must wait 3 months before it can be used toward the rent arrears according to regulations. One option that I am considering is approaching another lettings agent to take over management who might be more understanding and helpful. Link to comment Share on other sites More sharing options...
Mortitia Posted May 27, 2011 Report Share Posted May 27, 2011 Agree about appointing new agent or sensible person to sort it out. The deposit should be your province not the agents. Agent should have told you and tenant where it is held. Where is it? You need to tell the deposit taker that you have a court order under S8 and start the procedure to recover what you are owed - I like the 3 month trick - means agent is trying to hold onto you for as long as........! Mortitia Link to comment Share on other sites More sharing options...
LLAW96 Posted June 9, 2011 Report Share Posted June 9, 2011 On applying for a warrant of eviction the court bailiff will be passed your warrant and a date will be set for the eviction, the warrant of eviction will be delivered by hand by the court bailff giving your tenant at least 10 days notice of the eviction, the current warrant fee is £115.00. I take it that the order your were granted was made under ground 8 in which case your tenant will not be able to apply to the court to suspend your warrant. On the day of the eviction the court bailiff will attend the property but will not force entry, you will either need a locksmith on hand or keys to access the property. The bailiff will enter the propery and go from room to room and thereafter formally hand over the property to you, any persons found in the property will be removed. As you have a judgment for arreras of rent and costs the county court rules allow you via the bailiff to enforce against any property left in the property up to the value of the debt. Once the warrant has been executed there are only imited grounds on which then original tenant can apply to re enter the property however such applications are rare. Hope this helps Link to comment Share on other sites More sharing options...
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