Updating post from Reddit.

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Posted by Impossible-Dog5469 8 months ago
Possession order granted but tenant refuses to leave the property

After 7 months of unpaid rent the possession order was granted for the tenant to leave the property on 9th of October. I went to the property this weekend and the tenant was still there, I messaged the tenant saying that you received a possession order to leave the property and to pay the money + all the penalties and the tenant replied that I will have another court.

Now, I am talking with my solicitor to get bailiff to evict the tenant. This tenant is a pain and doesn't understand anything. Any ideas how long takes for bailiff to evict the tenant?

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Posted by Demeter_Crusher 8 months ago

The Council may well have told them to wait until evicted by the Bailiff (assuming this is what the tenant means by 'court') and could even be covering any costs incurred by the tenant in doing so. It will likely be cheaper than meeting their obligation to house the tenant themselves.

You'll have to continue to pursue the unpaid monies through the Courts as well... I believe they have the power to garnish wages and so forth.

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Posted by audigex 8 months ago

It’s a truly ridiculous situation that councils are so underfunded they have to advise people who have been lawfully evicted by the courts, to stay anyway until physically removed

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Posted by TravelOwn4386 8 months ago

I always thought if you intentionally make yourself homeless so not paying rent then the council does not help. That advice is usually given by council when the landlord is issuing a section 21 maybe to sell.

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Posted by audigex 8 months ago

Yeah that's part of it, but also just that it reduces the load for the over-loaded council

At the time you're given an eviction notice by a court that should be sufficient to consider that the person "hasn't made themselves homeless" - we shouldn't be forcing people to ignore the courts just to stay housed. "Just ignore the courts when it suits you" is a bad precedent to be setting at the best of times

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Posted by TravelOwn4386 8 months ago

Yeah getting the money back is going to take you years and cost lots more money. Your only option at the moment is to proceed with the bailiffs to evict. I didn't want to throw lots more money and effort at getting my rent arrears from the ex tenants so found a really annoying debt collector that pesters the ex tenants continuously until they pay. So far they have recovered 50% of the rent arrears but could be many more months to see any of it. The usual stance is prioritise getting the keys and think of the arrears as gone as its very rare to get any money back.

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Posted by Demeter_Crusher 8 months ago

50% recovery is well worth having though! Hopefully some more will trickle in over time. It'd be good to see you get what you're owed.

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Posted by TravelOwn4386 8 months ago

I mean I was about to see if anyone would buy the debt pennies to the pound and wash my hands on that chapter as it's been a whole year but I had an email to update me. I only went with the debt collector as I had an initial call to see what services they provided they took my details and hammered the hell out of me until I was getting annoyed so I thought hmmm if I hire them they would do the same to the ex tenant. Not heard anything for 11 months then got an update 🤣. They get a 10% cut but it was a complete bonus I guess.

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Posted by Impossible-Dog5469 8 months ago

that is excellent, would you be able to share their details?

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Posted by Manoj109 8 months ago

One tenant ran off owning me over 8k in rent , that was over a decade ago. I took out a CCJ, but that episode taught me a valuable lesson, only rent to tenants who have something to lose .

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Posted by Impossible-Dog5469 8 months ago

you can ask the court to freeze his accounts and his employee to pay everything back.

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Posted by MickyP10U 8 months ago

You couldn't let me know who you used for the debt collection, they sound excellent.

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Posted by Dayfdd 8 months ago

For us the bailiffs at the county court in Edmonton (north London) took about 8 months. It is understood that you can speed this up by transferring to the high court for a small fee. But still expect 2 to 4 months probably with high court bailiffs

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Posted by Fluid_Seaweed2736 8 months ago

Next step is to get a warrant for the bailiffs to enforce the repossession order. I used the guys over at

mypy.co.uk

Worked out far cheaper than what the solicitors were charging, and just as quickly. They even helped with a moneyclaim for recovering money owed.

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Posted by Comfortable_Gate_878 8 months ago

High Court 3 months at least

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Posted by Careless-Ad8346 8 months ago

What type of eviction notice did you serve?

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Posted by donaldtrumpiscute 8 months ago

All this sounds really scary...I think the tenant reference check was done okay? What are some effective ways to avoid getting into unpaid rent and eviction situation?

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Posted by MickyP10U 8 months ago

It just took me four months to get a bailiff appointment, and because it is close to Christmas, they won't want to upset your tenants by evicting them prior to the festive period!!!!

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Posted by oglop121 8 months ago

My solicitor thinks the bailiffs will have no problem evicting before Christmas. I'm hoping to get rid of a problem tenant before then

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Posted by MickyP10U 8 months ago

Wishing you lots of luck, I think you can go for a High Court enforcement, which costs more, but is quicker. I'm not sure how it works, but it might be worth checking with your solicitor.

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Posted by MickyP10U 8 months ago
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Posted by Rtnscks 8 months ago

Even if they don't celebrate Christmas? (curious)

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Posted by MickyP10U 8 months ago

Indeed, they wouldn't want to be so presumptuous. The whole system is a joke, stacked in favour of the tenants. It will be interesting to see how this ends up further down the line when Labour has chased away the bulk of the private landlords!!

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Posted by Rtnscks 8 months ago

Agree. Govt are shockingly willing to buy into the whole demonisation of landlords. It's depressingly popular to spit and hiss about landlords as though they are one homogeneous group of vampires. It is a horribly oversimplified view.

Useful scapegoat I suppose, as ultimately Govt can skim off all the profits of renting but don't have to build or maintain any properties. Much more cost effective than building council houses or ensuring sensible wages for manual jobs.

I do feel sorry for hardworking families that aren't high earners in this country right now. So hard to catch a break. But making it impossible to find anywhere to rent by reducing the available stock is not helping.

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Posted by MickyP10U 8 months ago

It is really strange, you don't have to be brain of Britain to understand that the amount of available properties for rent are going to dramatically reduce over the next few years. Why on earth would any government encourage that?

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