Eviction

[davidjohnbutton]

Did an eviction today - applied for client for warrant on 13th October - couple of days later email comes through to me, eviction today at 11.40 30th October 2009 - not bad thanks York County Court!!!!!

So we (son and self) turn up about an hour before to recce. Bumps into tenants boyfriend - tenant herself nowhere to be seen - at work apparently - seems that is more important than the events today!!!!

BF is really amenable - not going to cause any trouble - would like to stay the weekend - refused that as it complicates things with bailiff. Bailiff turns up at 11.39 - and by 11.44 I have possession and sign warrant accordingly.

Now the fun begins - BF has not done one iota of packing - and I really mean that. I asked him what plans were - get a car he says. So we stay in flat for 1.5 hours while he goes off to get transport. Returns and then inexplicably goes off again for another hour - returns and states he has booked van (for tomorrow!!!) and will just take items she and him need for tonight. So the sum of sitting waiting around for nearly 5 hours till just before 3 p.m. is he packs one small suitcase and a small drawstring type bag and then goes off to fetch car - said would be 20 mins. 40 mins later- no sign so I phone him to tell him I am going (locks were changed and sign put on door). He has in the meantime placed his small case and bag just inside the main door which has no lock (the inner door is the locked access to the flats). I had asked him several times to remove any articles of value - TV, DVD player, microwave - things which might be stolen in a burglary - for his own protection - he declined.

So we leave, just before 3 p.m. 20 minutes later, he's on the phone saying his bag/case is not there where he left it. Told to check see if one of the other tenants had moved it - not our problem - was given enough time to move stuff to safety etc. phone then cuts off.

So now, my client has got to arrange someone to attend on Monday so BF and tenant can move their stuff in a van. It makes me very angry - they had notice they were going to be kicked out (non payment of rent - and this is the forged cheque incident which I mentioned in another thread - that was sorted out, then they ran more arrears up!!!!) - they have have just buried their heads in the sand!!!!

Still, my client is a lot happier - if poorer!!!!!

[havensRus]

Another one bites the dust... so to speak.

Ostrich syndrome to the limit.... Never ceases to amaze me just how much some folk will deny what is happening.

My question: does your client really have to go back/or make arrangement to let them move their stuff out? Afterall, they had plenty of notice!!

[davidjohnbutton]

Yes unfortunately client must let them have their stuff otherwise its theft or at very least unlawful deprivation in civil court and evictees could sue. Different matter if they fail to collect, then it comes under Interference with Goods Act.
It was good however to get paid by the hour just to sit there, but it does get boring after a while. I took internet capable phone with me to while away the time.

[justaboutsane]

Glad you got possession, I once had a similar issue, although I was sat in a warm office while a collegue was at the property! Tenant did not turn up at court, got 7 day possession. Called night before bailiff due begging to stay. Next morning he prats around. Turns out he was moving 2 doors down (other bailiffs wet themselves laughing when I told them!). He had not packed a thing, had not notified his housemates so they were running round packing. He then went round opening EVERY window in the house. My collegue went round closing them all again!

3 hours after bailiff had been and gone (2 minutes) my collegue announced he was calling police and they had to be gone. Housemates were done was just the wally left! He arranged many collection dates but they all went by the by. He then broke in to the property and dumped various bathroom suites in the back yard! Oh what a joy that was

[Bel]

Glad you got possession, I once had a similar issue, although I was sat in a warm office while a collegue was at the property! Tenant did not turn up at court, got 7 day possession. Called night before bailiff due begging to stay. Next morning he prats around. Turns out he was moving 2 doors down (other bailiffs wet themselves laughing when I told them!). He had not packed a thing, had not notified his housemates so they were running round packing. He then went round opening EVERY window in the house. My collegue went round closing them all again!

3 hours after bailiff had been and gone (2 minutes) my collegue announced he was calling police and they had to be gone. Housemates were done was just the wally left! He arranged many collection dates but they all went by the by. He then broke in to the property and dumped various bathroom suites in the back yard! Oh what a joy that was

So bailiffs have gone and tenant is still in house. Where does that leave the agent then if T refuses to go?

[davidjohnbutton]

If, post eviction, a tenant, or any other person breaks into the property, whether to remove their property or not - they commit an offence and are dealt with just like any other housebreaker/thief.

The evicted persons are only allowed back into the property to remove their stuff under escort. If they then having got back into the property, refuse to leave again - then police can be called and they will have to remove or arrest them.

It is very important that when taking possession of a property, you have someone in the property at all times - preferably two as each can act as a witness to the other. This is to prevent the evictee from locking the repossesser out again after the bailiff has given possession. It does not matter how compliant the evictee is - once the reality sets in - they can turn nasty.

I have some suspicion from yesterday that they boyfriend had suppressed the situation from his tenant girlfriend and I asked him a point blank question - did she know about the eviction - I was not happy with the answer though he said she did - I felt he was lying. I cannot understand how anyone could go to work knowing that they were being evicted that morning - maybe that genuinely is her way of dealing with it. As for not packing or anything - that was unbelievable - there were no boxes or anything to pack stuff into

I have left it with the client to be in attendance on Monday to escort people in to move their stuff out.