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Joelp3333
27-03-2008, 18:46 PM
Hi all

I believe that I have the worst tenant possible. I have a possession order for 11th April. T is now saying that the council will not re-house her due to rent arrears although I evicted on the grounds that I am selling the property. The court gave her an additional 46 days!

She has once threatened to burn the house down and secondly a month ago my fiancee got robbed in our home by three men (one of them a relative of Ts) coincidence hmmm.

I will be seeking possession using bailiffs and police, does anyone know if I can get an emergency appointment? on this date ? How long will the bailiffs take to get her out?

Thankyou all comments appreciated:eek:

caroline7758
27-03-2008, 19:40 PM
It may be that she has rent arrears from a previous council property and that's why they won't house. I'll leave the bailiff question for someone more knowledgeable.

Joelp3333
27-03-2008, 21:45 PM
Thanks I will call the council tomorrow (although surely someone should sort their own housing out and not expect to live rent free)

Why feel guilty for someone living in your hard earned house for nothing?

These "chavs" need to be sorted and us normal society need to be warned!

ideas please

ah84
27-03-2008, 23:18 PM
If your possession order expires on 11th you cannot apply for bailffs till 12th. How long it takes probably depends on how busy the bailiffs are. You should go down to the relevant court and speak to the bailiffs. They are not always there but early mornings should give you more of a chance. When I phoned they quoted 6 week wait but I got an appointment in 2 weeks by speaking to them direct in person.

LalaCem
28-03-2008, 13:20 PM
Sorry lack of knowledge here but can you not hire private bailffs on the basis of the possession order ? Must they be court Bailffs ??

johnboy
28-03-2008, 15:43 PM
I agree with ah84 get yourself down to the court on the 12th (9am before the bailffs go out on their first jobs of the day) and ask to speak to the court bailff. Explain your situation and they sometimes can fit you in to a empty space in their schedule. When you get the date arange for a locksmith/handyman to change locks at the same time.

If i were you i would also keep a low profile on the day.

ah84
28-03-2008, 16:07 PM
Sorry lack of knowledge here but can you not hire private bailffs on the basis of the possession order ? Must they be court Bailffs ??

Absolutely not(unfortunately)

Joelp3333
28-03-2008, 19:13 PM
Hi all

11th is a Friday so will probably go there then!

Thanks I will let you know how I get on.

Esio Trot
29-03-2008, 10:28 AM
Sorry lack of knowledge here but can you not hire private bailffs on the basis of the possession order ? Must they be court Bailffs ??

Always remember that court bailiffs are civil servants, working to a public service contract of employment with no commission. Thus for debts (other than businesses who have shop premises during the day) they are worse than useless if the debtor is a person working normal hours.

Don't forget that once the 11th has passed, the tenant must arrange for the property to be permanently occupied. If the property is left unattended, you can then effect peaceable entry. Post a prominent notice to this effect and have your peaceable entry independently witnessed. If the tenant re-enters after this, it is breaking and entering, which is a arrestable police matter.

Ericthelobster
29-03-2008, 10:33 AM
Don't forget that once the 11th has passed, the tenant must arrange for the property to be permanently occupied. If the property is left unattended, you can then effect peaceable entry. Post a prominent notice to this effect and have your peaceable entry independently witnessed. If the tenant re-enters after this, it is breaking and entering, which is a arrestable police matter.Are you saying that once an LL has a possession order, he can simply enter the property if vacant and change the locks on the tenant?

Esio Trot
29-03-2008, 11:33 AM
That's what Paul_f, one of our most knowledgeable members says.

Have a look at his reply here

http://www.landlordzone.co.uk/forums/showthread.php?t=10206

Or again this thread

http://www.landlordzone.co.uk/forums/showthread.php?t=10286

Where Surrey had the ex-tenant arrested for re-entering after making peaceable entry.

bagpuss
29-03-2008, 14:05 PM
Well, well, how interesting!

Ericthelobster
29-03-2008, 15:25 PM
Well, well, how interesting!Yeah, tell me about it: having just waited about 5 weeks for a bailiff, I'd have quite happily camped out in my car one morning waiting for my recalcitrant tenant to go to work, before doing this. Not sure I'd have had the cojones to do it, mind...

I get the impression from the links above that the tenants were either not living at the properties or were moving out... is it definitely the case that a 'peacable repossesion' like this can be carried out even if the expired tenant is definitely living in the property, with all his posessions etc, and has just gone out for a pint of milk or something?

ah84
29-03-2008, 22:25 PM
That's what Paul_f, one of our most knowledgeable members says.

Have a look at his reply here

http://www.landlordzone.co.uk/forums/showthread.php?t=10206

Or again this thread

http://www.landlordzone.co.uk/forums/showthread.php?t=10286

Where Surrey had the ex-tenant arrested for re-entering after making peaceable entry.


I thought you can only do this if the tenant and tenants possessions are not there. i.e it appears they have moved out.