Re-entry of evicted tenant to collect their belongings
On the many occasions when a HMCTS Bailiff arrives to execute a warrant of possession, the tenant is still in residence and has made no effort to remove their effects.
The HMCTS Bailiff will request that the tenant gathers what they can within 10 – 15 minutes and vacates the property. Usually the HMCTS Bailiff will tell the tenant to take all personal documents, medication, pets, a change of clothes and any valuables with them.
A request by the evicted tenant to return and collect their left belongings is not the responsibility of the HMCTS Bailiff, although the Bailiff will state to the tenant that they must arrange an appointment with their landlord. If the landlord is in attendance at the possession arrangements can be made there and then.
The Judges recommendation is that the evicted tenant is given 7 days to arrange a time with the landlord to remove their goods.
However this is only a recommendation, the landlord does not have to allow the evicted tenant back in to collect their goods.
Once the tenant has left and the warrant is signed by the landlord or the landlords agent, the property is in the landlords control to do with as he wants.
My question is:
- Would you as a landlord allow an evicted tenant re-entry to collect their goods ?
- Should the evicted tenant have a legal right to collect their belongings after possession ?
* HMCTS : Her Majesty’s Court and Tribuneral Service