rachelmarie Posted June 17, 2011 Report Share Posted June 17, 2011 hi we have the bailiff evicting our tenant next week, the tenant is awaiting a council property thats not ready, and as the tenant has not arranged till last minute alternative accommodation so the council may not be able to arrange removal of furniture at or before eviction. Where do we stand as we have decorator in the following day from eviction in moving the furniture or if any thing gets damaged etc?? any advice would be greatly appreciated Link to comment Share on other sites More sharing options...
Mortitia Posted June 18, 2011 Report Share Posted June 18, 2011 As I see it this is not your problem. Once bailiff arrives tenant and all goods will be out on the pavement, end of. The council can arrange for storage if they are providing accommodation and tenant will not doubt have informed council. Let bailiff do his work and get re-let - no doubt it has taken you a long time to get this far. Mortitia Link to comment Share on other sites More sharing options...
Grampa Posted June 18, 2011 Report Share Posted June 18, 2011 You cannot put the goods out on the pavement without a certain risk to yourself. Once the tenant has been evicted but has left property behind you are now in a situation where you are responsible for the goods for a certain period of time it has a legal term called. "bailment". the ex-tenant is then known as the"bailor and you the landlord as the "bailee" First make a written inventory of the items and maybe a few photos too because you could end up in a situation where the "tenant" could claim there was a £1000 PC or TV among the items. You can move the items to another location but must take reasonable care of them also, so you couldn't put them in a leaking garage or somewhere that wasn't secure You need to read the tenancy agreement the tenant signed so see what clauses are in it regarding left items because that will become part or the term and conditions of the "bailment" . Ideally it would be best to keep hold of the items for 6 months before disposing of but if you know where the tenant has moved to you should write to them (get proof of postage) listing the items and give them details on how they can collect them and/or contact you to arrange collection. Also add that if they do not collect within 3 months under Part 1 Schedule 2 Torts (interferance of goods) act 1977 you will sell or dispose of the items. Link to comment Share on other sites More sharing options...
LLAW96 Posted June 18, 2011 Report Share Posted June 18, 2011 The issue of bailment does arise and you need to be careful. The local authority have a legal duty to preserve your tenants property only if they are being rehoused as homeless priority, however they will seek to charge your tenant for this service. If your tenant is being evicted for arrears of rent the county court rules allow you to execute against goods at the property provided you completed the appropriate section on your warrant request. Link to comment Share on other sites More sharing options...
Mortitia Posted June 18, 2011 Report Share Posted June 18, 2011 Grampa - bailiff will put effects on pavement LL should do nothing but standby to change locks on achieving vacant possiession. Bet it won't come to that as council will miraculously find tenant emergency accommodation or new place suddenly ready!! Mortitia Link to comment Share on other sites More sharing options...
Grampa Posted June 18, 2011 Report Share Posted June 18, 2011 I have used the services of a court bailiff a number of times over the years and they have never put the belongings of the tenant on the pavement. I also cant see the either of the 2 court bailiffs for my area clearing out a property if all the furniture was left in the property, one is a little feller of about 5' 6" and the other about 70 years old. Mortitia I'm not saying you are wrong i just cant see them humping furniture as part of their job role. Link to comment Share on other sites More sharing options...
Mortitia Posted June 18, 2011 Report Share Posted June 18, 2011 What happened then at bailliff visit? My local bailiff is about 45 and has told me that is what happens - a mutual friend introduced us. I am expecting to use him in the coming weeks in the case of a reluctant vacator so would be interested to hear what your experience was. Mortitia Link to comment Share on other sites More sharing options...
Grampa Posted June 19, 2011 Report Share Posted June 19, 2011 I have had to use a bailiff about 5 or 6 times but to be fair the tenants have always left by the time of his visit. After gaining access which has been by key as the locks hadnt been changed the bailiff just did a walk through and signed it off/over. But there were items in every one of those properties and i had to clear them out. Link to comment Share on other sites More sharing options...
LLAW96 Posted June 19, 2011 Report Share Posted June 19, 2011 When the bailiff arrives they will not even force entry, you have to have keys or a locksmith on hand. They will walk through the property and then sign it over, the only occasion they will remove goods is when they are levying distress at the same time. Link to comment Share on other sites More sharing options...
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