Possession date – tenant still in – what next ?

Possession date – tenant still in – what next ?

15:40 PM, 29th October 2014, About 10 years ago 81

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This is the first time I have formally evicted a tenant with the aid of a solicitor – He obtained an order for possession in 2 days time.

The tenant (LHA) will not communicate with me. I could phone her mother (guarantor) but she gets very abusive and I doubt she would want to answer any questions truthfully. I live 5 hours drive away and have been successfully self managing until this point. Neighbours tell me there are still lights on in the house from time to time – but the neighbours work and probably wont see a day-time moving out….

How am I to find out if she has actually moved – or should I just inform the solicitor to get the bailiffs in ?

This is also the first time I will have had to keep a deposit (registered with Mydeposits). Any advice as to how to do that ?

Thank you

All Bankers …..what next


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All BankersAreBarstewards Smith

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10:07 AM, 3rd December 2014, About 10 years ago

I hope this is my final post on this matter... the ex tenant has not contacted me or the builder to collect her belongings - inspite of having been given 5-6 extensions of time.

so the skips are there... what a dreadful thing to have to do. I'm not there... I simply do not want to witness that.

Thanks to all for your help.

Mark Alexander - Founder of Property118

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10:20 AM, 3rd December 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "03/12/2014 - 10:07":

Whoa there!

Shouldn't you store the tenants uncollected contents for a "reasonable" amount of time?

Please ask your legal advisers to check into this for you before and confirm your legal responsibilities in writing to you before simply dispose of everything. I would hate to think your tenant had the right to sue you for disposing of her possessions!
.

All BankersAreBarstewards Smith

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10:27 AM, 3rd December 2014, About 10 years ago

Thanks for your concern Mark - yes I have had long conversations about this with my solicitor and the tenant has been served the correct Tort Interference with Goods Notice (witnessed) and has been given ample "reasonable time" to remove her stuff. She was also told by a judge 2 and a half weeks ago she had to remove her stuff.

There is no definition in this Act of what is reasonable. We have photographed everything also - just in case.

Mark Alexander - Founder of Property118

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10:32 AM, 3rd December 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "03/12/2014 - 10:27":

OK that's good.
.

Rod

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10:35 AM, 3rd December 2014, About 10 years ago

Log it, foto it, witness it, bin it along with the t.......t !

Landlord Geoff

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23:27 PM, 3rd December 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "03/12/2014 - 10:27":

Regarding the clawback, look on this website where you may find some free info and/or get Bill's advice.
http://www.ucadvice.co.uk/
I am sure somewhere I have a link to a post of his how to go about tackling the clawback, so if you don't find it on his website post back on here and I'll try and find it

Geoff
http://landlordgeoff.weebly.com

Mark Alexander - Founder of Property118

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23:37 PM, 3rd December 2014, About 10 years ago

Reply to the comment left by "Landlord Geoff" at "03/12/2014 - 23:27":

Bill Irvine has posted several useful comments here, see >>> http://www.property118.com/member/?id=994
.

David Asker

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7:50 AM, 4th December 2014, About 10 years ago

As mentioned above there is no set time that is considered reasonable.

Given this, it comes down to your own interpretation but a bit of common sense will help you get it right.

We advise our clients to allow 14 days from the date the tenant is notified. In most circumstances this will be the day of eviction. The landlord should also attempt to remind the tenant half way through this period of the consequences of not collecting their goods making a record of all letters, telephone calls, texts and emails.

If the tenant is in contact with you and is asking for a few more days then this must be considered and in my opinion it would be foolish to stick rigidly to the 14 days.

However, if you can demonstrate that you acted 'reasonably' and the tenant fails to collect their property then it would be perfectly 'reasonable' to dispose of it.

Like many things, just imagine that you have to explain this in Court to a Judge. If you were the Judge would you see your behaviour as reasonable?

Robert M

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21:12 PM, 4th December 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "03/12/2014 - 23:37":

Bill Irving and the ucadvice website are very much on the ball with HB clawbacks, so well worth having a chat with them, as they may be able to help you appeal. However, if the clawback cannot be challenged and overturned (appeal fails), then I believe it can be recovered from the person it was paid to, i.e. the landlord, (even if they are not personally at fault), so when tenant is evicted the council could send the landlord an invoice for the amount remaining. If you do not pay the invoice, then the council will deduct it from any other Housing Benefit you receive for other tenants (this is called "blameless tenant recovery"), but if you have no other tenants receiving Housing Benefit then the council would have to sue you for the recovery.

All BankersAreBarstewards Smith

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21:37 PM, 4th December 2014, About 10 years ago

I challenged the clawback well over 4/6 weeks ago, saying that I intended to appeal their decision. My letter quoted the relevant regs and asked for the council's reasons for the clawback/deduction - i sent it recorded delivery - I have had no response.

Having been busy getting the refurb organised... I have not addressed this lack of response from the council.

I had been thinking of making an official complaint, maybe ombudsman, but, the actual amount taken from my HB before she left is less than £150. If they are not going to clawback the rest of the £1500 I really could not be bothered to waste my precious time on such a low amount... but if they ARE going for the £1500 I may appeal.

I have no other direct payment benefit tenants of any sort.

I will spend time over the next few days reading all the most helpful links folks have provided for me....

This is a great community....

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