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Justice System
31/01/2012
8:35 pm
MariaOneill
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Thanks for the support! Can anyone tell me what happens if the tenants ignore the court order and refuse to move, and who /how are the bailiffs involved?

31/01/2012
11:02 pm
PaulBarrett
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   Once you have a possession order you have to wait until they choose to leave.

They probably won't.

If they don't leave which is normally 28 days after possession is granted

So the day after you have to submit a Warant for possession of land.

Once that is been granted in about a months time; you have to apply for an eviction order.

This eviction date will be about another month.

Providing they don't put in some spurious counterclaim  to prevent eviction then it would be enforced.

If they do put in a objection; which can be done 5 mins before the eviction is to occur.

Mine objected the day before the eviction.

So another hearing 10 days later in my favour.

Then had to apply for another eviction date; they didn't tell me  the 1st eviction was  now not valid.

Then a month later got a 2nd eviction date.

She abandoned the flat at the bginning of October 2011 but I could not enter until the 2nd eviction date of 8.11.2011

I am afraid you will have about another 3 month wait befor you will be able to evict.

The County court will advise what process you have to follow on an expensive 0845 no; so get used to larger phone bills.

EVen saynoto0870 doesn't work

01/02/2012
8:58 pm
MariaOneill
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omg this is awful! We have an eviction date of 14 days to 14th February.  If they do not go can I not apply to the court for a bailiff to enforce the order, or change the locks ?

02/02/2012
4:31 am
PaulBarrett
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No you DO NOT have an eviction date, you have a possession date

My non-rent paying criminal tenant failed to leave on the possession date which was made 28 days after I was granted the possession order.

If they have not left you have to apply for an eviction order using the warrant for possession of land

This you may ONLY apply for if the tenants have not left after the date that the judge said the tenants had to leave by.

To obtain the eviction order takes about a month.

Then you have to get a bailiff date , this could take another month.

Then you have the eviction enforced unless the tenant objects just before it is enforced.

Hope you have about 3 months money to service the mortgage or you are stuffed and might lose the property.

You will have a damaged credit file if you don't make the mortgage payments for the next 6 years.

You can forget trying to remortgage.

So don't allow any further financial damage;  make sure you pay your mortgages.

Don't pay gas, electric, water and once eviction has occurred come to a payment plan with these utilities.

 

Under no circumstances change the locks until eviction has been enforced.

If you change them you could find yourself in prison for wrongful eviction!!

02/02/2012
11:26 am
Cedric
Golders Green
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It makes me so angry to read and understand how slow the eviction process can be for rogue tenants with a massive rent deficit.

The World has gone MAD !!!

03/02/2012
2:07 am
PaulBarrett
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 I am afraid this is due the useless and dysfunctional county court system.

RFom my criminal tenant not paying rent on 3.3.2011 it took until 8.11.11 for a 2nd eviction to be enforced.

She trashed the place, stole items and the flat is still not let out.

Cost £750 for repairs

Have not replaced the items she stole.

I could have rented the place 10 times over but couldn't as she was still in residence.

She has cost me over £11000.00in losses todate.

I was also advised that a solicitor would have done no better than me.

Fortunately I managed to pay the mortgage payments out of my pension; so I had to live very frugally to subsidise her rent free lifestyle.

The authorities know where she is as she will be in court soon for criminal and civil offences.

They won't however tell me where she is; so I cannot even execute the warrants I have against her.

The county court system is a complete waste of time and money.

That is why I will have a RGI policy on the tenant and if they default it will be the RGI company that will have all the hassle in evicting whilst I sit back and receive the rent from them.

This is another reason why I don't take on LHA claimants.

Very few of them could afford my flats or pass a RGI check, nor also their guarantors.

If you don't have RGI you will have to factor in the worse case scenario of being without rent for about 8 months for every tenancy you have.

The system is is against all landlords and nobody cares about a landlord that they might be bankrupted and lose their own home because of a non-rent paying tenant.

We have to protect oursleves against these tenants.

17/02/2012
2:53 pm
Cedric
Golders Green
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Maria,

 

I do hope there is some progress in this fiasco ???Cool

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