Help please – criminal and bankrupt tenant won’t leave

Hi Ela,

You need expert professional assistance as this tenant likely knows all the regulations and loopholes >> https://www.property118.com/evicting-tenants/

Ela, afraid you just have to go through the due legal process and sending in the bailiffs is the final part of the process. When they go change the locks. No point in debating points of reason with the tenant, she appears not to be a reasonable person! Next time make sure you vet your tenant and only let to those who pass the vetting process - insurance companies are becoming more interested in economic status of tenants. Don't feel bad about it - it's business and you are not alone, many Landlords have been caught out in this way, so learn from it and move on and find a good tenant! Good Luck.

Applying for bailiffs is much easier than getting the possession order, it is just a few clicks of the mouse on the PCOL website and a cost of 121.00. There is no "going back to court" required.
Yes, there is a waiting period for the bailiffs (around 4 weeks in Sheffield, but will vary across the country), but this is the best way to draw a line under it because once the bailiffs are there you can change the locks and she will be unable to return (except by prior arrangement with you to collect any belongings that she may have left there).
If a tenant has not moved out by end of the day the possession is due, then immediately apply for the bailiffs. No ifs and buts, just make the application and get the property back at the earliest opportunity.

I would have most probably taken a slightly less pushy approach, I would have said to her, Ok I am sorry I am not trying to be pushy, I know you still have some time because the court notice ends on x,y z date, so please don't worry, just try and arrange a van in your own time and when you have left please either call me or text me to collect the keys or just drop them in through the letter box when you have gone and locked up the place, I will then get in with my own keys, but please kindly text me when you have done this., I would appreciate this.
Whatever you do, you still have to wait until after the court order runs out, only then you need to find out whether she is still there or not having contacted you or returned your keys, then you will need the usual court bailiff route.
If you try to be too pushy, she will only make it harder for you. Sometimes you have to accept insults and apologise for your own benefit, so often we have to swallow our own pride, to get things done our way.
Yes often we are proud landlords but often we are nobody. we have no rights as such as criminal tenants.

finally remember not to go alone or send your brother alone, go along two of you and video your entry aftyer ringing the bell several times wait and ring again, in case she is in bathroom., give her no more chance to sue you.

I had a similar case but that was company let
( not an individual tenant) . I got possession back after a month time of court deadline but the property was in terrible condition. I lost 8 months rent plus cost ( Approx £ 22,000) . They took my refrigerator, washing machine and furniture and I need an additional 10k to refurbish the property. Don’t know how to recover this loss from that bloodsucker .

Reply to the comment left by Mkahn at 25/03/2019 - 12:54I am sure you could report it as a theft, long as you have evidence that you owned it, and that he took it.

For OP, my advise is to have a video camera switched on when you enter, if you see the keys on the floor, just in front of your letter box, then it should be good enough, (bearing in mind landlords can also plant spare keys through he letter box themselves and video it) so it cannot be taken as conclusive evidence, but still you need to protect yourself, and then if you find any of her belongings left behind, send her a text message that unless she takes them within 14 days, you will dispose them off, so you must not throw anything she left behind or she could counter sue you.

I agree with Ann & Neil above. Before you take on any other tenants from the Council, make sure you do so on your grounds. Your deposit scheme, your inventory clerk, direct payment of benefits to you etc. If the Council are not happy with this (probably won't be) then seek a professional tenant (but still do credit/ref & affordability checks).

I’d like to see a test case against Councils who withhold information to ship out bad tenants.

why can't you name this bad woman so other landlords can be warned?
- other landlords: I want to collect all your tenants from hell stories.
- it is tenants can do everything not landlords can do anything
wanda

There is case law against agents for negligent reference checks but none known against Local Authorities.
When you think about it, there is an incentive ' inbuilt ' for both groups to get unsuitable tenants housed.
Agents don't get their fee until they 'sign up' a tenant and Councils are usually paying higher figures than PRS rent to Emergency Accomodation for what are sometimes bad tenants evicted by previous landlord.
Its crucial that Landlords do some diligence on Any tenant whether proposed via Agent or, especially Local Authority. I don't just mean a tenant reference check ( of which I've yet to see a good one that stands out from the rest ) but also Social media checks, last 5 years accomodation history and wherever possible, a Guarantor. Consider Rent Guarantee Insurance ?
Interestingly, Guarantors are a 'merry-go-round' !
The Govt refer to Shelter ( I know, stop laughing ) Shelter refer to Local Authorities ( even more laughter )
This isn't a complete answer to the problem Landlords face from an ineffective Civil Justice system, without all the other unhelpful interventions by Politicians, but I hope it's of some help, Regards
Possession Friend.