Eviction advice please

[45002]

There is now a baliff date to remove tenants, I've had a look at the site, but can't find an answer to this question.

When the bailiffs arrive, I know they can't bash the door down to gain entry, but as the landlord has now been granted possession is he allowed to open the door to let the bailiff in, or is this still seen as illegal in some way.

 

Thanks

 

Tell the Landlord to go and spend money on a Solicitor,instead of free advice

[scuzziemoo]

Tell the Landlord to go and spend money on a Solicitor,instead of free advice

 

Buy some glasses and read the whole of the thread. Isn't the point of these consumer sites to give advice so people do not have to keep asking, the solicitor they already have, questions that'll not only cost a lot of money but could be easily answered on here by someone that has more knowledge than you.

[45002]

Buy some glasses and read the whole of the thread. Isn't the point of these consumer sites to give advice so people do not have to keep asking, the solicitor they already have, questions that'll not only cost a lot of money but could be easily answered on here by someone that has more knowledge than you.

 

I did go to Spec Saves

 

You say! the LL got a eviction order,bailiffs are coming around to remove tenants and get possession,the bailiffs will know there job and how to go about there work,what else do you want...

Edited November 20, 2010 by 45002
My spelling again

[reborn71]

45002, I fail to see how your comment helps a genuine enquiry from someone looking for help.

[scuzziemoo]

Update: Ok.... bit of a weird day. I wasn't there for the eviction, so I don't know what was said, so I can only go on what my dad (landlord) told me.

 

The tenant + friend, were not there when the eviction process started, but there was only todays letters and fresh food still in the fridge, so they don't think the place is abandoned. Locks were changed, and so they are now theoretically locked out. My dad said something about a penal notice and that a note had been left on the door giving them 14 days to sort out a collection of possessions.

 

Through this process, we have been given ALOT of conflicting information about will happen, what solicitors and bailiffs can and cannot do, and this eviction was no exception. I'm hoping my dad only misheard, but apparently he said it's not illegal for them to break back in (new one on me) and that he'd have to go back to courts if they did this, and until something else is served they can't get the police involved as it would still be considered a civil matter (?). The place is a mess, junk everywhere, and it's not really possible to have someone stay there to protect the property.

 

Anyone know what happens now, and what to expect?

 

Thanks again for any advice x

[xoAmyox]

It is only legal for them to break back in, if your dad was not in possession of the eviction order. If your dad had simply locked them out before going to court etc, then they would be known as 'displaced residential occupiers' and would have had the right to break back in. However, this is clearly not the case.

Your dad does have a duty to protect any belongings, and as in the notice, give them reasonable time to collect them. This is even if the belongings appear to be rubbish, although of course they do not have to be stored at the property, and any storage costs are claimable against the ex-tenants.

[Steve__M]

If you think they might break back in you could perhaps turn off the utilities, drain the heating and remove things (light bulbs, furniture - noting the duty of care) to essentially make the place uninhabitable till you can sort it out properly.

[NewSAHD]

Apologies for coming in on the tail end of a thread, especially where so many before me have already been giving good advice for you.

 

Hope the following also helps though:

 

Over the years have often found it 'helpful' to drop a screw through windows and doors- especially sash windows, as so easy to open from the outside - to stop them being prised open. Yes, you could consider boarding the windows over, but it depends on circumstances and how long the property will remain vacant.

 

Speaking to the neighbours too - and being on good terms with them - whilst ensuring they have all your contact details is especially useful. If they know someone may try to force their way back in they can be very useful 'eyes and ears' on the ground for you.

 

You musn't deprive the former tenants of their belongings, but I'd suggest you only allow them access to take away their belongings when there is more than one of you in attendance.

 

And make sure they clearly understand they will only have x period of time to remove their items, after which you need to lock up and leave. Clearly they will not be allowed to remove items without you (and your family/friends) being in attendance at all times either.

 

With the cold weather already upon you need to consider draining the water system down anyway to prevent against burst pipes and the like.

 

Don't forget meter readings too - gas, electricity, water, if appropriate (as well as any telephone lines) - and get those read and dealt with asap.

 

If there is furniture still in the property it might well be on HP/the never never and so the former tenants may never never be back for it anyway. If there is any post alerting you to FurnitureDFSLeatherWorldetc then might be worth closing off those avenues too, by making some discrete calls... although, of course, you should never open someone else's posts. Accidents do happen, of course, so should you accidentally open such post sensibly you need to follow up on whatever you accidentally find.

 

Best of luck too in getting it all sorted now.

[scuzziemoo]

Update:

As said before, there's been a lot of different advice in which direction to proceed, but it looks like my dad has decided to do a massive clear out in the new year.

 

We've still heard nothing from the ex tenant + friend, so on the month anniversary of the eviction, the house is going to be cleared. His brother is a more experienced landlord, and had said this is do-able because my dad is choosing not to chase for damages or unpaid rent (his choice, not mine I must add).

 

I've taken lots of pictures of the place and the property within, he's thinking of putting all the contents of the house on freecycle and donating anything else thats left, thinking this would be less complicated than trying to sell and recoup any losses.

 

I'm not completely convinced on this option, but the whole thing is getting stressful and we just want it overwith