How to prepare for bailiff eviction?

How to prepare for bailiff eviction?

14:00 PM, 25th October 2023, About A year ago 25

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Hello, I have a bailiff’s eviction coming up sometime soon, my first and last. Has anyone actually had the experience of being present on the day that their tenant was evicted? If so, what happened? Was the tenant prepared for this? Were they actually at home?

Did the tenant go willingly? Did he/she leave loads of stuff behind, we have covered the issue of whether tenants leave belongings behind. I don’t need to know about that. And anything else you can tell me so that I am prepared for this somewhat nerve-racking event.

Thanks in advance,

Marie


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Nick Van Hoogstraten

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15:28 PM, 25th October 2023, About A year ago

Hi Marie,

I did this in May. My first and last!

I assume you have this booked and the date confirmed from the court.

On the form it tells you what to take. I took it all + more. Basically your ID to identify yourself with. You as the landlord need to be there to authorise the use of force where necessary. Sadly you cannot instruct force 🙁 I took the AST, the bailiff appointment letter, the court possession award just in case. I also took the current keys to help the bailiffs in.

I turned up and presented myself when they arrived. They preferred I was the landlord. You can of course use an agent. They didn't ask to see any paperwork. The tenant was waiting. Got her letter and drove to the council to be their problem.

Make sure you have booked a locksmith to help you 1) get in if the tenant plays games and 2) change the locks once they have gone. Otherwise with a spare key they can get back in as squatters once you walk away and you need to seek possession again; albeit it should be more simpler.

Reluctant Landlord

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16:18 PM, 25th October 2023, About A year ago

same as above although the bailiffs hung around for a bit as the tenant had threatened to kill me and anyone who attempted to get in on eviction day.
I changed the locks while they were there so I had evidence it was done there and then.

Yes if the place is still full of their stuff you have to go through the Torts proceedure. Get a pre printed poster up to inform the now ex-tenant and stick on the front door before you leave the address. Take a photo - this serves as notice served if you dont have any other forwarding address. Do the same by email/text/whatsapp. All evidence you have tried to contact them BEFORE you then go in and gut the place however many days later your notice states.

Note - you can remove proper rubbish/bin things already set aide like recycling etc and any food stuffs or things likely to go off like milk etc as you dont want to encourage possible vermin in the period between then and when he/she is supposed to be back to remove everything.

It can be nerve wracking but the law is on your side and the bailiffs are there. They have been and seen this many times before.

John Mac

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10:39 AM, 26th October 2023, About A year ago

Think Nick has it covered above in regard to a Locksmith.

Don't forget to take meter readings to forward to suppliers so Tenant can get final bill (photo's as well).

NewYorkie

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10:51 AM, 26th October 2023, About A year ago

Reply to the comment left by John Mac at 26/10/2023 - 10:39
I did this in 2021. I used our managing agent who was local [and trusted] and had my written authority and all documentation. The tenant was not present, but a neighbour [who was relieved the tenant was going] told the agent he was parked at the back, just waiting in case he could sneak back in. The agent changed the lock.

The flat was a mess and there was a lot of what I would call rubbish, so I had the flat cleared before decorating. One area I wasn't sure of was the external post box. It was overflowing and damaged, so I had it replaced. I sent an email to the tenant to say he could collect his post from me, but heard nothing.

BRACKS Mead

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10:51 AM, 26th October 2023, About A year ago

Did my first this year too.
We used an agent, so didnt attend incase of violence.Ex Tenant has Mental Health issues.
Our agent waited outside with our own hired locksmith
2 baliffs turned up on time. Knocked and went inside the property. Tenant left 15 minutes later. Tenant was mad as hell, screeched off in his car and left ALL his possessions. Go in, take photo/video of everything including all meter readings. consider turning off appliances that are safe to do. register yourself with council tax, energy and water supplier (bills in property can help you identify the suppliers.
As above LL said, our prepared Torte Act "Abandonment Notice" was served (in person, on door, on email, on mobile phone). Followed by 10 documented requests from us, to ex-tenant, to clear the possessions, and 21 days later the possessions were now legally Abandoned and you can clear the property.
Kudos to the baliffs, they knew how to get the job done. Id recommend waiting in your car, till Baliffs turns up. Dont interact with tenant. Have patience.

Darren Peters

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12:00 PM, 26th October 2023, About A year ago

Reply to the comment left by Nick Van Hoogstraten at 25/10/2023 - 15:28
"Make sure you have booked a locksmith to help you 1) get in if the tenant plays games and 2) change the locks once they have gone. Otherwise with a spare key they can get back in as squatters once you walk away and you need to seek possession again; albeit it should be more simpler."

What's the law here? I thought squatting a residential property was no longer legal?

Is there a difference in law to the tenant's status dependent upon whether the tenant could:
get in with their old key;
get in by breaking the door;
get in because they had secretly tinkered with a window so it didn't lock and they could climb in without doing damage?

GlanACC

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12:02 PM, 26th October 2023, About A year ago

Oh yes, it was great fun (really). I had a key to get in as the locks hadn't been changed (didn't need them in the end as the tenants opened the front door). The bailiff gave them 2 hours to get out. They started loading their stuff in their car, which had been seized by the bailiff to pay off the rent arrears (I had already obtained a CCJ). They had to phone the inlaws to collect their stuff (and they were very sympathetic to me as they were guarantors). I took some lovely photographs of the tenants as they were ejected. Then I changed the locks as I had several spare ones (this is very easy to do). Took the meter readings and turned the gas, electric and water off. I believe the council didn't re-house them for over 6 months, and they all had to live with their inlaws (the guarantors).

Freda Blogs

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12:13 PM, 26th October 2023, About A year ago

Reply to the comment left by Darren Peters at 26/10/2023 - 12:00
Why does it matter what the law is re squatters?
Whatever it is, not taking the suggested precautions could facilitate the former tenants regaining possession, which will cost more time, stress and money - so best to try and prevent it in the first place surely?

Martin Roberts

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12:22 PM, 26th October 2023, About A year ago

I would wear a body cam.

John Hampton

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13:04 PM, 26th October 2023, About A year ago

I have done this once, Tenant drove off 20 minutes before bailiffs arrived. Place was trashed, and spade required to shovel dog waste into many bin bags.

Sorry to hijack this thread but having seen a council vehicle with a tag line after the name of the council in future I am going to add a tag line to word Landlord (providing homes). If we all start doing this wherever we use the word Landlord (providing homes) the whole thing may become viral, and we may start getting some positive press.

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