UK Landlord Forum / Life

hi everyone, i issued a s21 to my tennant who has now not paid rent for 3 month and who i now know has done a runner. the s21 expires on 14th dec. does anyone know how long it takes from putting in the court papers (at manchester) to getting the possession order then the same for the bailiffs please. the sooner i can get in the house the better. thank you. jan

Hi Jan2,

Once the Sect 21 expires and you apply for possession, the entire process through to bailiff visit (if it goes that way) could take another 2 to 3 months.  Apply for possession, possible hearing, judge awards possession if sect 21 and all bits relevant correct.  Possession date lapses, apply for bailiff warrant wait for it to be executed - could be 2 weeks, likely 4 to 6 - depending on how busy they are.

After two months worth of rent arrears it would have been wise to serve your section 8 ground 8,10 & 11 notices and then apply for possession due to arrears - the time frame is about the same as above and you get a judgement against them to pay the arrears too (CCJ), though this is no guarantee you will get the money from them.

You could make a small claim against the tenants now whilst you know they are still in the property and you have an address to service notices on them for 3 months worth of rent -  again this is not guaranteed to get you the rent but may screw them up in the future in obtaining credit / renting another property.

In short - mid Feb 13 is the date you should be looking at for vacant possession.

Good Luck   

Hi WayneT,
Thank you for your advice, it does seem stupid that i have to go through all this when she is the one in the wrong here. i have since been told that the bailiffs have been round looking for her for non payment of council tax but they do not know that she has done a bunk. they are coming back but can they force entry into the property and if so and they find out she has gone then do i have to pay CT from now even though i cannot legally enter the property as she has not given up the tenancy? sorry for all the questions.

Jan2,

If you believe the tenant has absconded, write to her advising you wish to inspect the property on X day, if she isnt available you will access with keys, if this appointment is not convenient, please contact you to re arrange.

If she does not respond, access the property and see if you believe she has done a bunk (take with you an implied surrender letter).

If it appears she has left, then leave the implied surrender letter in the property, somewhere visible, advising that you will be changing the locks 7 days from now.

In the letter you should include - having visited the property on X date, the property appears to be un lived in.  Taking this and the fact that you have not paid your rent for the last 3 months, you are no longer acting in a manner consistent with being a tenant ie not paying rent, not living in the property not responding to calls, letters etc - Your actions imply that you have surrendered the tenancy. which you have accepted on X date.

With regards to council tax, the tenant is liable until you get possession.  If the council get access and it appears she has abandoned it, they will probably hold you liable for council tax from that date.      Taking the above actions may coincide with the councils actions, but you can mitigate your loss by getting the property marketed and let as quickly as possible.

All the best.

Wayne T,
thanks again for all your advice, i have put a surrender letter through the door (i did it four days ago) the letter has gone but she has know intentions of signing it. i believe i cannot enter the property unless she agrees so am frightened to do so but some one i know has been over the gate and the back door was open so they went in (shhh)the place is a tip it smells of wee and stayal cigs, there is furniture there but it is for the tip but most of her things have gone, a neighbour spoke to her yesterday and she has told the neighbour she has left and has a lovely place now, but ive heard she's living with someone else. could i still change all the locks or had i best leave it all alone until i get possession?

You don't need a signed surrender letter form her.

Her actions are not consistent with that of a tenant and therefore, i'd change the locks.  Leave her a note confirming where she can collect keys from if she is still living there.

If you don't here anything for 7 to 10 days, start sorting the place out.

If she turns up at any point, you will need to give her access - but i'd rather take these positive steps then none and just sit and wait, losing money etc

Good luck