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Myzachn
03-12-2011, 12:59 PM
Afternoon forum,

I am due to evict my current tenant (with bailiff in tow) this Tuesday.
My question is if I am entitled to seize the tenant's belongings for non payment of rent arrears & court fees which she is liable for. I have spoken to her about this & she has stated that she is 'not concerned' about making any payments for arrears or court costs seeing as she will no longer be living at my property(charming)!

I would like to know if I have grounds to instruct the bailiff to seize her goods based on having a possession warrant. Or do I really need to
spend some more money to have a Warrant of Execution order granted. I
have already obtained an order for her to attend court for questioning. As she works I feel that pursuing an AOE will be my best route, however Iam hoping that someone has had this dilemma and maybe able to shed some
light on whether seizing her goods at the eviction is allowed.

I know she has no where to store her things as the council are due to re-house her when she is evicted, and they have failed to provide her with storage, which she allegedly had paid them to do!

Any one have any experience or similar situation to my pending Eviction
dilemma?

theartfullodger
03-12-2011, 13:51 PM
I can drive down the M4 @ 120 but may not.

If you steal tenants belongings hopefully you'll end up with a criminal record.

Concentrate on getting t out with minimal fuss & argument, then use time(yours), ££,cunning & patience to track Tenant down & recover your funds.. (like a few of us have)

If you ever then see Tenant wave with a cheery smile & thank them for their money : Really winds 'em up...

mariner
03-12-2011, 16:34 PM
It is possible Bailiff will evict T but not Ts belongings from property, or will leave them outside the property in garden. If the former, you may have to store them for up to 3 months before disposal, if the latter, Council may require LL to remove dumped furniture at own expense as the T has ended.
What makes tou think T will have anything of value in propery on eviction day? the 50" plasma and BMW will be nowhere in sight!

mind the gap
03-12-2011, 22:32 PM
If your tenant leaves/is removed from the property without taking their goods with them, you may find this information sheet useful :

http://www.landlordzone.co.uk/uncollected_goods.htm

theartfullodger
04-12-2011, 10:08 AM
English law is rightly or wrongly greatly in favour of tenants. ...........

Errr... not since HA 1988 (Thatcher..) which someone (Westminster?? Lawcruncher??) summed up better than I by noting (roughly) that it changed PRS from the provision of homes for humans to the provision of income for investors... (anyone got the original quote please??)

You've not heard of Section 21 & booting out innocent, excellent, tenants for no reason at all??