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View Full Version : Evicting Tenant via Section 8 - Final Stages



Javed Saleem
29-10-2005, 11:10 AM
Hi,

I hope you can help.

I am evicting Tenant vis Section 8. Court hearing is on 28 Nov 2005.

It appears tenant has left the property, yet when I call him, he says he is still resident. Shall I wait until Court Order, or enter prpoerty now ??

If Court order expires and he is still their, does that mean he is trespassing and can I :-

a) ask him to leave
b) if he does not leave can I call Police as he is trespassing and they evict
c) get court baliff to evict

Tenant was liabile for Utility bills and accumulated huge bills - he now has prepayment meters (installed without my authorisation) - If he leaves, do the bills become my problem and can I get the Itility companies to change prepayment meters to standard meter free of charge ?

I would appreciate any help

Thanks

Energise
29-10-2005, 11:32 AM
Hi,

I hope you can help.

I am evicting Tenant vis Section 8. Court hearing is on 28 Nov 2005.

It appears tenant has left the property, yet when I call him, he says he is still resident. Shall I wait until Court Order, or enter prpoerty now ??

Do not enter the property.

If Court order expires and he is still their, does that mean he is trespassing and can I :-

a) ask him to leave
No
b) if he does not leave can I call Police as he is trespassing and they evict
No
c) get court baliff to evict
Yes

Tenant was liabile for Utility bills and accumulated huge bills - he now has prepayment meters (installed without my authorisation) - If he leaves, do the bills become my problem and can I get the Itility companies to change prepayment meters to standard meter free of charge ?
Leave it up to your next tenant to choose
I would appreciate any help

Thanks

Ericthelobster
29-10-2005, 11:39 AM
Tenant was liabile for Utility bills and accumulated huge bills - he now has prepayment meters (installed without my authorisation) - If he leaves, do the bills become my problemNo, you just notify the utility companies of the date he's officially moved out and make it clear that you have taken over responsibility for the property and give them the meter readings... the fact that he has prepayment meters was probably instigated by the utility companies themselves because he wasn't paying his bills; that way they could prevent him from running up the debt still higher. They will still be chasing the original aged debts, but the individual responsible, not the next incumbent of the property. Keep an eye open for correspondence addressed to him; in my case I still had unpaid bills being chased up at the address by the debt collection arm of the electric co, even though I'd been paying bills there in my own name for almost a year.


can I get the Itility companies to change prepayment meters to standard meter free of charge ?Yes, shouldn't be any problem.

MrWoof
29-10-2005, 21:15 PM
If Court order expires and he is still their, does that mean he is trespassing and can I :-

a) ask him to leave
No
b) if he does not leave can I call Police as he is trespassing and they evict
No
c) get court baliff to evict
Yes

From a reply to a similar query a week or two ago, I believe that once a court order expires, if the property is empty, the landlord can enter and change the locks. This applies even if the tenant has just nipped out to do some shopping but the property MUST, at that point, be unoccupied.

archies dad
30-10-2005, 08:34 AM
Following on from what Mr Woof has said is that for definite that you can enter even if the tenant has just 'nipped out'?
The reason I ask is that we (tomorrow) have a possession case and (hoping we are successful) we will be observing the property closely to see when the tenant finally clears out.
On a previous eviction case that we won, the day after the expiry of the 28 day period I entered the property because I suspected that the tenant was not actually living there even though I could see her possessions inside. I was right as there were no beds upstairs and no signs of habitation so I changed the door locks and took possession. However, had it seemed she was still living there I would not have done so.

My understanding was that if they were still living there after the 28 days i.e. it was still their home, then a court bailiff had to be used still. I'd be pleased to be wrong here because I can make my move as soon as the tenant has gone to work.

MrWoof
30-10-2005, 17:53 PM
Phone Landlord Action, the link is on this page, they will answer your query free. I believe that this info came from Paul_f in the first place, if so its almost certain to be right.

Javed Saleem
31-10-2005, 14:37 PM
When you say unocuupied, please explain this term??

Does it mean:-

a) that the tenant is not in house, but his things are there, so I can enter and change locks

b) that the tenant is not in house, but his family isand his things are there, so I can enter and change locks

c) that the tenant is not in house snd his thinmgs are gone as well, so I can enter and change locks

What should I do if tenant causes damage or vandalises before he leaves??

MrWoof
31-10-2005, 17:14 PM
As I understand it, once the court possession date has passed, as long as the place is empty of people, you can go in and change the locks. You are however, responsible for his property, you can't just dump it but must take care of it for a reasonable time and try to return it. If the tenant vandalises the place before he leaves, its a police job and more than likely you will just have to swallow it, sorry.

evictor
31-10-2005, 18:25 PM
well a lot depends on your tenancy aggreement, if it says that the T should use this home has there main and princaple home then put a letter throught the letter box or nail it to the door asking for them to contact you in say 48 hrs if no contact put a nother letter through the door saying in 48hrs i am changing your locks if no contact change the locks ..... go to Court and tell the DJ that they have gone and you have the house case solved

archies dad
01-11-2005, 07:51 AM
If it's of any use here whilst I was at court yesterday as claimant we took opportunity to ask the visiting solicitor about re-entry.

He warned certainly against entering before expiry of the date set by the court.
After that, if there is belief enough that the tenant is still in residence, even if he just nips out somewhere, we were recommended to use the service of a bailiff. Bailiffs are qualified to evict whereas jo public is not. I guess there might be breach of peace issues as well.

Needless to say we were successful in getting judgement yesterday (made easier by the fact that our tenant did not appear). We will be watching the property closely but it looks like our wayward tenant is already making his exit so we'll keep fingers crossed that we don't need the bailiff and that our tenant doesn't trash the house.

MrWoof
01-11-2005, 16:00 PM
As I posted earlier, phone Landlord Action, they have no financial interest and are specialists.

Javed Saleem
04-01-2006, 23:36 PM
Court order expired on 04/01/2006

the neighbours say that the tenant has not been residing at property for a number of weeks, but comes everyday to collect post

When he visted on Saturday, i wa sthere and entered property - all the furniture I gave him is their, but their is no sign of occupation - all food is gone in kitchen - all clothes are gone - there is none of his things left there

he still has key and will not give

shall I go in and change the locks or use baliff??

how much does baailff cost and how do they take?? and what do I ahve to complete ??

Thanks

Javed