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View Full Version : Eviction order obtained, bailiffs booked - what next?



squishy
05-12-2011, 20:47 PM
My Father had a short term tenancy agreement; at the outset of the arrangement, he asked the letting agency's advice about taking out insurance against eviction costs, they advised against.

4 months into the 6 month agreement, his circumstances changed and he needed to move back into the property - they gave >2 months notice in writing.

By accident, a chance phone call to the letting agent 5 weeks later, he found out that the tenant 'didn't want' to move out.

Long (very) story short, tenant refused to move out but continued to pay rent (albeit late) - seems tenant wanted to be evicted because they like the school and, with children, would go to top of housing list in same area for continuity of education.

Eventually, court order for eviction was obtained and, some time later, bailiff date set to arrive with locksmith etc.

I don't know why, because my Father is in his retirement years and has a somewhat nervous disposition (which the letting agents would know) and a dodgy ticker (which they wouldn't) and the stress is really not good for him,but the letting agent has been saying that they've never seen anyone push an eviction this far before and has been filling his mind with dread that they won't leave.

Currently, he is sleeping on someone's floor and in limbo....can anyone advise what might happen on magical date with bailiff if tenant refuses to leave the premises? Will bailiff remove property (which my Father has been told)? Back to court?

Any advice very much appreciated, just trying to put his mind at rest (if I can!).

Snorkerz
05-12-2011, 20:59 PM
The bailiff will do nothing that might endanger his well being, if faced with violence, he will most likely not proceed and re-schedule when he will bring reinforcements.

If the tenants have behaved violently in the past, you could alert the local police that you are worried there will be a breach of the peace. If they percieve it as a serious threat, and they have manpower available, they may attend and provide a visible encouragement for the tenants to leave.

If the tenants leave their belongings, your father can't just leave them on the street, he has to take care of the items. Search for 'abandoned items' on the main LLZ site.

Most evictions go quietly, indeed the majority of time the tenants have scarpered before the bailiff turns up.

squishy
05-12-2011, 21:16 PM
I don't think he'll be faced with violence (I'm more worried about the effect that continued stress will have on my Father); it's more than the tenant has 2 young children (eviction before end of term, so probably won't be there) and I'm wondering if she can actually delay any longer than bailiff's appearance based on her chidlren etc

Will search for abandoned items - thank you - presumably tenant will have to collect when it suits my Father?

Thanks for your reply.

Snorkerz
05-12-2011, 23:01 PM
I'm wondering if she can actually delay any longer than bailiff's appearance based on her chidlren etcNot on the day of the bailiffs, but they can make an application to the court beforehand.

davidjohnbutton
06-12-2011, 08:57 AM
Wrong - the tenant/evictee can make an application any time before the eviction actually starts and I have known cases where the application has been made at 10 a.m. where the eviction time was 11 a.m.

Of course with applications made that late, the tenant is more likely to be seen by the judge as "peeing in the wind" but nevertheless it can and does happen and in such cases usually the judge kicks it out without a hearing, or does a telephone hearing where the tenants are sat in front of the judge and he/she attempts to contact you by phone.