UK Landlord Forum / Life

Hi Everyone,

We are landlords of a residential property, and we have finally! just gotten a court possession order in order to evict the tenant.  Expecting the tenants to fight the order and not moving out, we and thinking of paying for high court sheriffs get this mess sorted out, applying for warrant etc...which is all fine at this point.  However, the sheriffs mentioned this possible situation which I thought is just absurd, and they were unable to comment as to how to resolve it.   I just wanted to ask around to see if this has ever happened to anyone and what can be done about it.

Here is the possible situation:

The sheriffs / bailiffs turns up, do what they do, change the locks, and the tenants are out within a few hours.  However, their belongings are still in the house.  So ok, the tenants arrange with you to collect the belongs a week later.

One week later, they come to collect their belongs, and as soon as you open the door, they push you aside and run inside and refuse to leave...And according to the sheriffs we spoke to, you would then have to apply for repossession again?!?!

To my mind if this were to happen can't you just call the police?  Not according to the sheriffs...

Has this or similar situation happened to anyone?  Or are the sheriffs just covering their backs by telling me this?

Any advice is very much appreciated!

1) Have the belongings put outside, shortly before their arrival.
2) Have them put into storage immediately, Tenants can collect them from there instead... figure out the cost aspect.

Tenants must really like the house.

Thanks for the prompt reply.

In the case of me putting their stuff outside before they arrive, what if the tenants claim: some items are lost, or there are still items inside the house and they must go in to get it?  How can that be resolved?

Is it worthwhile itemising what you put out? And if there is anything missing, assuming it's not "you forgot my gold bricks" nonesense, you can say that you can have it sent to a forwarding address. Basically, you don't want them stepping foot in the house, right?

Quote from: Arthur1984 on September 24, 2014, 10:46:21 AM
Thanks for the prompt reply.

In the case of me putting their stuff outside before they arrive, what if the tenants claim: some items are lost, or there are still items inside the house and they must go in to get it?  How can that be resolved?

Just say "no". They have no right to go into your property. Why you would be worried about them barging past you and now be considering how you might just let them in if they ask you nicely is kinda weird, right?

Yes I am trying to pre-empt anything this tenant may try to do to occupy the property again. So just to be clear:

It it fine to refuse entry when they come to collect stuff, even if they claim there are still stuff inside the house, I can offer to fetch it, but if I can't find it, that's it.  This then will be the end of the matter, they are going to have to take my word for it that I can't find it, and nothing more they can do to me.

Just curious, has this situation that my sheriffs described ever happened to anyone?  That you be nice and let them inside to collect stuff and they then won't move again and cause a major problem?

I could see the scenario where they barge so quickly into the house they run their fat face straight into my fist.

Once they have been evicted if they are allowed to re enter to collect their goods the "licence" to be on the premises is for that purpose only. There is no expressed or implied right to remain on the premises. If they fail to leave when required they become trespassers and can be removed. Supervised access via an enforcement agent is the way to go. Tenants will be required to sign a disclaimer before being allowed entry.
Did the Sheriffs office tell you on what legal precedent or legislation they based this opinion on? I am always willing to learn.
By their logic if you sold the house and the former occupants came back to collect some goods and decided they were going to stay you would need a possession order to remove them.
 

I once had a situation where I had evicted (not via court order) but reasonably and following the law. They needed to return for belongings and I had changed locks. I called the police on their non-emergency number the day before and asked them to attend to prevent a breach of the peace as I had been threatened (empty threats)I wasn't frightened or anything but the Police do offer the this service with notice and were great on the day for about 15 minutes. They actually gave the tenant a good telling off.

Hello Arthur, I am sorry to hear that you had such a terrible time with your former tenant. I am also glad that they are OUT!!!! I have read through everyone's answers here and frankly, I would not let them into my property under any circumstances. The idea of putting their things outside (and you/someone supervises the items until they pick them up at a given plan) sounds like the best idea. If you have a little spare cash and they don't live far away, the best thing to me sounds like hiring a cheap removal man, with insurance, and having their things sent to them. I understand that this is at your expense but if it is £100 or less and you get these people (if they were a nightmare) out of your life asap then I would think this is money well spent. I don't like to spend money when not necessary but seeing the back of people that make your life a nightmare is money well spent (if it is not exorbitant and you have it!). Or, if the police could actually come and oversee everything that is fine too. But they are not your tenants and have no right to be in or have their things in your property so don't sweat it. But frankly, I wouldn't let people like that back in even for a second. They sound awful. Glad they are gone.