Evicting a tenant

[anti-pacer]

A bit of advice needed please. I have a friend who has a tenant who has been issued with a Section 21 notice and since then a Possession Order. They have delayed eviction by the goodwill of my friend allowing them to stay as their next place wasn't available yet. Stupidly he agreed!

The tenant has put this is an email that they'd be gone by Saturday, but has now said they can't go. Will my friend still next to get an eviction order through the County Court bailiff or will the fact they have it in writing be enough to evict them on Saturday?

 

[Puffing Devil]

Your friend needs to apply for a warrant of execution before handing it over to the bailiffs.

 

[anti-pacer]

Your friend needs to apply for a warrant of execution before handing it over to the bailiffs.

Will the tenant get notice, therefore adding to the delay?

 

[Cowley]

Just out of curiosity, has your friend done this through an agency or has he advertised/filled the place himself etc?

 

[Puffing Devil]

Will the tenant get notice, therefore adding to the delay?

When you apply for the warrant of possession the tenant will get notice.

The process can be speeded up by transferring the matter to the High Court, allowing High Court Enforcement Officers to carry out the eviction.

This is beyond a rail forum - my advice is to search for High Court Enforcement Officer Eviction and then get your friend to speak to one of the HECO firms and/or their solicitor.

 

[Cowley]

When you apply for the warrant of possession the tenant will get notice.

The process can be speeded up by transferring the matter to the High Court, allowing High Court Enforcement Officers to carry out the eviction.

This is beyond a rail forum - my advice is to search for High Court Enforcement Officer Eviction and then get your friend to speak to one of the HECO firms and/or their solicitor.

I completely agree. It’s a very complicated scenario when things go wrong.
Hope it works out for them.

 

[anti-pacer]

Any knowledge on timescales, or is this likely to drag on do you think?

 

[BluePenguin]

Your friend needs to apply for a Warrent of Execusion. Yes, the tenant will get notice to leave by a set date and if they don't, county court bailiffs can be called.

The email about the goodwill gesture doesn't matter. Although the tenant was told they could stay until their next home was ready, the offer was not open and they were expected to leave the property within a reasonable amount of time. For this reason, the tenant by their own admission ended the offer by saying they would be out by Saturday.

To speed things up your friend needs to escalate the case to the high court. High Court Balligs will then attend on a specific day to evict the tenants. The eviction will take immediate effect. If they have nowhere to move all their belongings on the day, they will be asked to take some of their essentials and be given details of who to contact about coming back to collect the rest within 7 days. If they don't return then they can be thrown away.

Your friend should call a local solicitor for advice - some even provide free 30 minute appointments. A trip to the Citizens Advice Beaureau might also be helpful to them.

 

[341o2]

I would advise your friend to go back to the court and apply for a warrant of execution Notice will be served on the tenant to leave by a time and date, if the tenant has not vacated by then, bailiffs will come (usually with a police officer in attendance) and have the power to evict.

Eviction under a AST is straightforward provided the procedure has been correctly followed. Consequences of taking the law into your own hands (why after going to the courts?) could result in the section21 and posession order becoming null and void

Takes 4 to 6 weeks usually

 

[ainsworth74]

A trip to the Citizens Advice Beaureau might also be helpful to them.

CAB aren't really kitted out to advise landlords on how to evict people. They only really have advice on how to help people who are being evicted. They maybe able to provide some advice but I doubt it'll be very much and they'll likely just signpost to one of the Landlord groups like the National Landlords Association.