Tenants rights following a warrant of possession?

Tenants rights following a warrant of possession?

0:01 AM, 28th November 2023, About A year ago 37

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Hello, the bailiffs finally evicted our very troublesome tenant on Friday after months of hassle. Our tenant had made zero effort to pack any of her things prior to eviction. The bailiff gave her, very politely 10 minutes to put into bin bags what she needed to take.

Our tenant now has 14 days to arrange with us a date to collect all her furniture/belongings. Our concern is that she is so devious that we don’t want her back in the flat. Can we insist that she sends for example a man with a van to remove all her things which we have bagged up or do we by law have to allow her back in? We don’t want her claiming squatters’ rights!

We have never had to do this before in over 20 years!

Thank you for any help,

Liz

 


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Mike

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11:56 AM, 29th November 2023, About A year ago

Reply to the comment left by anthony altman at 28/11/2023 - 20:12
On the other hand, if a tenant has officially been evicted, by Court bailiffs, if ever he or she returns uninvited, that case should be considered as any other Intruder, and you have the right to throw him out by using force if he won't leave when asked.

N&D Properties

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16:42 PM, 29th November 2023, About A year ago

The mistake you made was letting them know you live in Spain. NEVER let a tenant know you live far away even if its still in the UK, preferable only contact them via a third party, agent ,lawyer etc. Take home message is Never engage with tenants personally if it can at all be helped. If you do any situation will become PERSONAL

David S.

Raz

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7:04 AM, 30th November 2023, About 12 months ago

Marie Lee

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7:15 AM, 2nd December 2023, About 12 months ago

Reply to the comment left by Adrian Jones at 28/11/2023 - 10:29
Thank you. I have had so much stress with this tenant over the past 11 months that I am fed up with him, and frankly, don't really care. I've stuck to the law all the way along and won't be doing it any more. However, it is hypothetical because I might get into the flat, and it has been cleared and cleaned. I'll let you all know.

Jeff L

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7:17 AM, 2nd December 2023, About 12 months ago

Reply to the comment left by NewYorkie at 28/11/2023 - 10:40
Any "trespasser" should leave when requested, if not, then it's aggravated trespass which is a criminal offence.

Michael Crofts

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10:06 AM, 2nd December 2023, About 12 months ago

Have you read the tenancy agreement? It should deal with this situation. Here is what my standard AST agreement says:
6.28 When the tenant vacates the premises they will leave them in a good, clean, tidy condition, and will remove everything which is not part of the premises as defined above, or listed on the inventory, or otherwise the property of the landlord. Anything which is left in the premises after the tenant has vacated may be removed by the landlord and sold, the proceeds of sale being paid to the owner after deducting the costs of removal, storage, advertising, sale, and the cost of disposing of anything which cannot be sold. For this purpose only the tenant agrees that the landlord will be the tenant’s agent.

Jeff L

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10:11 AM, 2nd December 2023, About 12 months ago

Reply to the comment left by Michael Crofts at 02/12/2023 - 10:06
You can insert whatever you want in an AST but it neither means it is enforceable in law nor that it overrides a persons statutory protections.

Marie Lee

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10:14 AM, 2nd December 2023, About 12 months ago

Reply to the comment left by Michael Crofts at 02/12/2023 - 10:06
Thank you for that. I am going to check my agreement and see what it says.

Carchester

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10:14 AM, 2nd December 2023, About 12 months ago

Reply to the comment left by NewYorkie at 28/11/2023 - 10:40Trespassing is a tort - in other words a civil crime.
Police will not become involved unless the trespass gives rise to a criminal act.
Basic law that LL should familiarise themselves with.

John Mac

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10:18 AM, 2nd December 2023, About 12 months ago

Reply to the comment left by Carchester at 02/12/2023 - 10:14
"Trespass to land is a civil wrong under the law of tort. Trespass is not, for the most part, a criminal offence. However, trespass on residential property which amounts to ‘squatting’ has been a criminal offence since 2012."

Taken from https://www.claims.co.uk/knowledge-base/land-law/trespass

Basic law that LL should familiarise themselves with!!

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