Updating post from Reddit.
Please share your experience of what happened on eviction day when you had to use bailiffs to get your errant tenant out. (County court bailiffs.)
If the tenant wasn't prepared to move, what happens to their stuff? What is the process after the tenant has been moved but his stuff is still in the flat?
Most county court bailiffs I’ve used are wet, and unfortunately have a tendency to F off if a tenant tells them to F off. So use a good firm of certified bailiffs with a reputation for being tough or use High Court bailiffs who have a better reputation. They will probably give the tenant a further short period to get out and will then return with a locksmith and the police.
As I wrote, check whether the county court bailiffs for the area are tough or not. Otherwise things can get very frustrating with them. I once instructed county court bailiffs in a northern town who kept disappearing every time the tenant got aggressive with them and it took weeks to get the tenant out, even though the court order had been obtained and enforcement ordered by the court. In the end, we got the High Court bailiffs over from the nearest city and they did the job. Expect the premises to be left in a mess.
I’m a solicitor, so make sure you instruct your solicitor (I assume you are not a lawyer yourself) to double check whether the bailiffs are up to the job before paying them a fee. It is really important to get a tough set of guys to do this.
As far as the contents are concerned, don’t let that be made an issue. Give the tenant 14 days to collect his or her stuff and tell them that if it is not collected within that time it will go on a skip.
Thank you.
Is it issued by a high court?
Thanks. It's County Court.
(Just updated my post with details).
You become an ‘involuntary bailee’ of their belongings (torts (interference with goods) act 1977)- you can serve a Section 12 notice giving tenant 2 weeks to collect their stuff. After that time, anything they leave can be disposed of. I’ve no experience with using a tenant’s belongings towards debt recovery eg of rent arrears, someone else may be able to advise.
You cant touch there belongings !
You can, with the correct Notice and a reasonable period of time given. See:
1. https://www.legislation.gov.uk/ukpga/1977/32/section/12#:~:text=12%20Bailee's%20power%20of%20sale.&text=(b)has%20failed%20to%20trace,bailor%2C%20to%20sell%20the%20goods.
2. https://www.porterdodson.co.uk/blog/torts-act-notice-qa-guidance-for-landlords?hs_amp=true
3. https://www.thesheriffsoffice.com/articles/when-you-need-a-torts-notice
Hi again big_seaplant (fountain of knowledge of landlord matters).
Do you know if the Notice can be served as the tenant is being evicted?
Yep, it can be served at the eviction.
You only need to serve the notice at the property, but for safety I’d print out several- one to serve at the property, one to give to the tenant by hand, and if you have a forwarding address, a 3rd to post to them.
Ensure you complete certificates of service (n215) for the notices served- if you do duplicate then you’ll need a certificate per method of service. N215 is effectively your declaration that you’ve served the notice in the manner specified on the form. Note that the ‘date of service’ might differ from the ‘on what day did you serve?’ If notices were served either by post or after 4:30pm- guidance is on the back of the form.
Edit: I mention the n215 because if tenant makes any claim or takes legal action over your disposal of their belongings, you have evidence the relevant notice was served.
What about serving the Notice prior to eviction day?? Tenant would have been given the appointment date by the bailiffs anyway, would make sense to serve Notice for belongings at around the same time?
No, since they are still in possession of their possessions before they are evicted, it could render the notice invalid.
While legally they must leave, until it is fulfilled (likely through enforcement) you still haven’t taken possession.
An appointment date doesn’t mean anything, since a number of scenarios could happen on or before the date.
Serve it on the day when they actually leave the property
Thanks. Great explanation.
Their
What if their over there?
Then their are not there but over there and their still happy
I think I'm having a stroke.
Very poor advice, you can't just chuck it all away two weeks after a notice
It’s usually worthless. Most tenants have already taken anything of value. As an experienced lawyer I find a touch of pragmatism balanced against consideration of the law counts for a lot. That’s why my clients like me. And given there will be a stack of costs due to the landlord from the tenant for back rent, court fees and damage to the premises, any claim would be more than wiped out by the counterclaim.
Have a think before you criticise. Your lack of practical experience shows.
So you agree the law doesn't give a blanket permission to throw away someone else's possessions after two weeks as you incorrectly stated?
You’re entirely missing the point. Do try to see the wood for the trees.
When you have had a tenant who almost certainly has trashed the place, run up rent arrears and court costs and been evicted, the likelihood of that same tenant wanting to return to get any items is low. The tenant will have had notice to collect its stuff, the goods are however likely to be worthless. Were there a tenant’s diamond bracelet left in the premises, (unlikely) that would be held by the landlord anyway and placed for sale with the proceeds going towards the landlords losses. No tenant is going to spend money pursuing a case for items of likely low value, especially for a sum that would be exceeded by any counterclaim. The landlord needs to get on and renovate the premises and is hardly likely to be sympathetic to incurring storage costs for a pile of junk.
Clients want practical solutions, which means the solicitor assessing the client risk in light of the other party’s resources, likely action and what the law says. That means being pragmatic, not, as you are doing. agonising over the precise wording of a statute relating to something that is not going to happen.
Regular_Lettuce_9064, thanks for the advice regarding tenant's belongings.
See u/Regular_Lettuce_9064 ‘s comment.
Specifically 3(b).
Says sell not dispose. Doesn't say two weeks.
You can serve notice to dispose or notice to sell. They can be the same notice if you word it correctly. The notice period is whatever is deemed reasonable.
Court bailiff walked to the door. Tenant handed them the keys and drove off to the Council housing office. I got a receipt.
Amazing!
How much stuff did your tenant leave in the house? What did you do with it?
Nothing, it was empty pretty much, although I did a tip run for her the week before and there was another load in the garden. She'd made it clear she needed a bigger place (one toddler, pregnant again) and wanted to be evicted, so it was weirdly cordial and straightforward, other than having to take it to the wire with the courts because that's how the housing officer told her it had to play out, and the fact she hadn't been able to afford rent for a while, apparently, and since I was already evicting her there wasn't really any card I could play to get it.