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View Full Version : Removing a tenant after receiving court eviction



auto_detail
24-03-2009, 09:51 AM
Folks,

I have read that the only people authorised to remove a tenant are court baliffs.

I have received a court possesion order to remove my tenant but I doubt that he'll leave. I can't afford to wait upto 8 weeks for baliffs to remove him otherwise I'll go into arrears with my mortgage. If I gently persuade him to leave and he runs to the council what is likely to happen?

Borat
24-03-2009, 09:58 AM
Potentially a fine of up to 5k and 6 months inside for illegal eviction. Sorry to hear about your situation but it's not worth doing things outside the law!

auto_detail
24-03-2009, 10:08 AM
I know it says that in black and white but I looked at the Shelter guide which quotes:

Will the council prosecute my landlord?
Although harassment and illegal eviction are both criminal offences, it is usually the council, not the police, who decide whether to prosecute a landlord.

Although councils do take landlords to court, it is quite rare. It is more likely to happen if the harassment has been very serious or if you were evicted from a home where you had strong tenancy rights (such as a regulated or assured tenancy agreement).

In some cases, the council might prosecute a landlord who they know has often behaved in this way with different tenants. The council will need good evidence in order to succeed in a prosecution, and this will include detailed statements from you, and anyone else who has witnessed the harassment or illegal eviction.

So even after I have the eviction order (which surely does'nt give him tenancy rights) is there any chance that I could be prosecuted?

Ericthelobster
24-03-2009, 10:12 AM
Folks,

I have read that the only people authorised to remove a tenant are court baliffs.

I have received a court possesion order to remove my tenant but I doubt that he'll leave. I can't afford to wait upto 8 weeks for baliffs to remove him otherwise I'll go into arrears with my mortgage. If I gently persuade him to leave and he runs to the council what is likely to happen?"Gentle persuasion"? You'd probably get prosecuted for illegal eviction.

However, allegedly (and I use that word because it's just what I've read in this forum in the past, no more than that) once you've got the possession order you can wait until the tenant goes out, then you can nip in and change the locks on him. If you search the archives of this forum you should be able to find out more on that.

Borat
24-03-2009, 10:13 AM
Actually IIRC the tenant has full tenancy rights up to the eviction by court baliffs now that 'tolerated tresspass' has been done away with*. It is possible that the Local Authority wouldn't pursue the legal action but the tenant could bring civil action for damages. The amount is likely to be small but depends if you want to take the risk. Just like if you steal something... the police quite possibly wouldn't do anything but would you take the risk??

* Knowsley Housing Trust v White [2008] UKHL 70

justaboutsane
24-03-2009, 10:18 AM
Contact Mortgage company and explain situation. They may give you a payment Holiday of a few months. Also call bailiffs for a cancellation.

auto_detail
24-03-2009, 10:39 AM
Thanks for the replies folks.

So am I right in thinking that once the court has issued the eviction order I can enter the property at my own free will? What rights does the tenant lose?

MaryQK
24-03-2009, 10:49 AM
I understand it may take a while to get a date with the bailiffs but as someone else in this thread suggested keep calling them to see if they have a cancellation. I did, and i got a date a lot earlier than the usual 2 months or so timeframe.

Ericthelobster
24-03-2009, 12:10 PM
So am I right in thinking that once the court has issued the eviction order I can enter the property at my own free will? What rights does the tenant lose?If you're responding to my previous post, then it doesn't mean that you can forcibly eject them, you'd have to wait until the property was empty... but I'm not advocating you just go ahead and do it - I certainly wouldn't use that route myself. But just pointing it out as something you might want to explore.

Borat
24-03-2009, 16:44 PM
What rights does the tenant lose?

None see #5