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map170
29-03-2010, 13:20 PM
I have recently been successful in a court hearing and a Possession Order has been issued for my tenant to be evicted in 14 days from the hearing.

I have not yet received any documentation from the court as they have been slow to send it out (the eviction date is actually tomorrow). This leaves me with little information on how to deal with the situation when I turn up at the property.

I have several questions on what I am entitled/not entitled to do when I turn up at the property:

1. What should I do if I knock at the door and there is no answer. Should I simply walk away and try another time or can I enter the property?

2. I have no idea what I should say when I knock at the door. Any suggestions?

3. What is a good time to knock at the door. Should I go on the eviction day or would it make more sense to go the next day?

4. What should I do if I knock at the door and the tenant is present but refuses to leave? What are my next steps then?

5. When they leave, do tenant’s usually keep the keys in this situation? Even if they hand them over there is a risk of them copying keys, so do you suggest changing the locks after the tenant has left, whether they have given back the keys or not?

I would be very happy if someone could advise the steps of this process.

Furthermore, my tenant has been ordered to pay the court costs and the £4500 that she owes me in rent. It is very unlikely that she will pay this though. However, when i spoke to the court today they advised that if I knew the place where she worked then an arrangement could be made to deduct an amount from her salary. Is there a way I can find out where she works other than physically following her (which I am loathe to do)?


Thanks in advance

davidjohnbutton
29-03-2010, 13:48 PM
1. If you knock at the door (at least the day after the possession order was made for) and there is no answer and you subsequently look through the window to find the place empty, then the tenant has obviously complied with the court order to leave. You will then have to make entry to the property using either your duplicate keys or forcing BUT ONLY DO THIS IF IT IS ABUNDANTLY CLEAR THE TENANT HAS LEFT IN COMPLIANCE WITH THE COURT ORDER.

2. "Good morning/afternoon. Today/Yesterday was the date by which you should have vacated in accordance with the court order made on........ I see you are still here - are you leaving voluntarily today or very soon or shall I have to get the bailiff to evict you"

3. Next day - they have until the end of the day to voluntarily vacate on the day the court orders.

4. Warrant of Possession - cost £95 and then wait for bailiffs appointment (if you did this claim through PCOL you can order the WOP online)

5. Always change locks - assume there are keys floating about that you wont be given back. Report theft of keys to police if not handed back. Use old locks on another property or place in stock for re-use.

An Order for Questioning will elicit where she works - again theres a fee and a form to complete. http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do N316 is the form you want.

map170
30-03-2010, 08:33 AM
Many thanks for your answers

Most useful