Anyone with bailiff experience?

[ah817]

Hi
Last Thursday I got a mandatory possession order against a tenant due to rent arrears. Due to nuisance being part of the claim the tenant was given 7 days to quit. Despite telling me he would defend any proceedings and demanding other tenants to show up as witnesses(despite them making witness statements against him) the tenant surprisingly never showed up. I was also awarded arrears of rent plus costs.

Anyway a few queries after having read the old forum

1) Will the bailifss definitely remove the tenant when they visit to evict? What happens if he refuses to move? Can they physically throw him out or call the police to arrest him? Or will I have to go back to the court to get an arrest warrant?

2) The tenant has been on housing benefit for the last few months. I just got a cheque from my local council. I presume by banking it, it does not change anything. For the record even if I bank this cheque the arrears will still be over 8 weeks.

3) If I wanted the bailiffs to seize stuff I presume I would need to issue a seperate warrant of execution on top of the warrant of possession? Truth is i'm not really that bothered about the money, I just want the tenant out as he has been driving the other tenants mad for months with noise at all sorts of hours.

4) Can the tenant apply to the court to change the judgement or only to vary the 7 day order and delay the actual eviction date?

Thanks very much in advance for any help.

[davidjohnbutton]

1. The bailiffs will give notice that they intend to visit on x day at x time to evict. They will carry out the eviction unless there is a stay awarded. They will use police if ncessary.
2. Banking cheque does not change the eviction but it reduces the amout owed to you. Even if it were to reduce the arrears to below 8 weeks, it would not affect the eviction right because the rent has to be 8 weeks in arears at the date of serving the notice AND at the hearing date.
3. Yes, the warrant of possession is JUST that.
4. Yes - if this happens, you will get a telephone call from the court to go either late on that day, or within a day or so so that the judge can hear both sides - the judge can delay the eviction on hardship grounds (the tenants hardship that is - your hardship does not count!!!!)

See my postings on the old forum as to what to do when you attend - i.e. dont park your car in the street - take change of clothing etc. and some tools.

[ah817]

Thank you for your prompt response.

As for
1) I do hope you are correct, the guy in the bailliffs office in the court said they would not physically evict if tenant justs sits there (i think he called it passive resistance). I think he then said I would have to go back to court to get a penal order(i think thats what he called it) and then next time round they would arrest him if he didn't comply. This obviously conflicts what you have said in old forums and hence I asked and hopefully you are correct!!

4) Ok apart from hardship, (which I dont think the judge will fall for because he has caused lots of hardship to his fellow tenants and hence possession was ordered in 7 days) can he actually apply to reverse the judgement e.g. by saying he has paid me and showing some forged receipt. Or does the fact that he didnt show up mean its too late for all that. i.e eventually he WILL have to leave and the longest he can hope for is 42 days max.

Yup have read all your advice and will be bringing locksmith instead of tools because I dont have keys. 3 months ago i got a call at 11pm from tenant saying he had had his keys stolen so I gave him my spare and despite numerous requests and my offer to even pay to copy them I haven't received them back. The moral is have two spare copies of keys!!

[davidjohnbutton]

Go back to that Bailiff and ask him to quote chapter and verse on this penal order etc. I have never heard of it. My understanding is that if the tenant resists, then the bailiff and/or you can force doors and use whatever force is necessary to enforce the court order and the police can be required to assist. This is not like the cissy Warrant of Execution whereby a debtor can refuse entry etc., this is an order where the tenant gives possession whether or not he/she likes it.

Inform the police if you expect resistance and ask that an officer attend.

If the tenant makes an application to court, you will be told. If suppose he turns up with a receipt showing he has paid, and you turn up and truthfully deny payment the judge will deal with it - I would not worry about last minute applications - the tenant wil probably be gone by the time you and bailiffs get there - but if he does make one, attend.

Production now of all money owed does not rescind the order to evict as of right.

[FDBTL]

Okay to play devils advocate.

What prosecution could a landlord face why physically threw a problem tenant out of a property?

[Bill Larkin]

Okay to play devils advocate.

What prosecution could a landlord face why physically threw a problem tenant out of a property?

Wrongful eviction.

Maybe assault.

[Andy Parker]

FDBTL - you might get away with it.Quite often the council don't prosecute.The possible consequences if prosecuted are :- a fine,compensation or imprisonment.

[FDBTL]

Maybe Andy anyone else?

I mean what are they ging to do, worse case?

[Jennifer_M]

What's worse than prison ??

They're not going to sentence you to death ! But I think prison and big fine is a good enough deterrant...