View Full Version : Eviction Tennant wants to leave.

16-12-2005, 12:24 PM

I have a a possession order from the county court to evict a tennant. The date for eviction had passed and the tennant still hadnt moved. I have filed for a Bailiff Warrant (N325)and the tennant has just informed me that they will be moving out in the next few days as they have found a house.

My question is do i have to make the tennant sign a letter saying they have moved out of the property?

Also would I be able to get a refund on my money which I paid to the bailiff office at the county court as they wont be needed if the tennant moves out?


16-12-2005, 19:33 PM
You might consider still evicting him, as an eviction would prevent the possibility that he might claim you ilegally evicted him or him comming back or deciding not to move.

16-12-2005, 22:26 PM
Once the bailiff's fee is paid, I don't think it is refundable.


Javed Saleem
09-01-2006, 19:58 PM
speak to the bailiffs - - I did a N325 today and the tenant just handed me the key back 10 mins ago (he has still left his stuff their tough)

The lady at the court said that Fee refunds and amount of refund is at Office managers discretion - you will probably need to send a letter to the Bailiffs Manager and plead a good case - its worth a try, even if you get half the money back


Javed Saleem
09-01-2006, 23:02 PM
update - I gave a similar question to my solicitor. he said:-

"If he has given you the keys then safe to say he has gone, no need for a warrant, you can change the locks."

As you have possesion order, you dont need anything, but if you can, get him to sign letter to say he has left - try to get witnesses as well