UK Landlord Forum / Life

Hello

Following on from my post of 4th Oct.

I was granted order of possession my courts and tenants should have moved out by 30th Sept but didn't.  They said their council property (which is why they wanted to be evicted) would be ready 10th/11th October so I reluctantly gave them this time before instructing bailiffs.  Obviously they've not gone, my agency contacted council who said it's not ready and when asked how long it would be replied how long is a piece string - very helpful.

So now I need to evict!

The tenants are all up to date with rent but they have caused damage so I need them out.

Do I:

A) cough up nearly £1k for a guaranteed (or money back) possession within 7 days bailiff approach?

Or

b) take the usual route to bailiffs via my solicitor at £225 and sit back and wait 6-8 weeks for possession getting stressed (it's constantly on my mind) and hoping the rent (£700 per month) comes for that time?

Other peoples thoughts/opinions/experiences on this would be very appreciated please!

Thanks in advance

So £1000 vs £925 (700+225) is the dilemma?

Either way you have to fix the place and get it back on the market, and you will deduct the cost of damages from the deposit, correct? The rental market last from December - March was problematic so how long can you tolerate the void period?

Just after other peoples thoughts here - what would you do?

Lots of 'reads' but nobody wants to comment :-(

Well seeing as you are really keen for an opinion :-)

I would kick them out ASAP.

Just think of the weight off your mind.  That is probably worth much more than £1000 anyway.

Quote from: 1houselandlord on October 12, 2014, 09:06:39 AMLots of 'reads' but nobody wants to comment :-(

There's a good reason for this... I read your question and thought "this is a simple decision", weigh it up and make the decision. It is actually a bit unfair to ask strangers their advice on something like this, because you could be back saying "well, that didn't work out for me and I'm now £X down - thanks for the advice"... it's risky for people to advise you in this manner, right? They could end up feeling really guilty if you take their advice and it doesn't work out well - as you've found out, so far, things don't always go exactly according to plan... otherwise you would not have damage, you would not have had to go to Court to seek possession etc.. It's not that the forum doesn't want to be helpful but certain things have to be done on your own too. Additionally, I've never been through what you're describing - and others may not have too - so us being able to provide our experiences is simply not possible... maybe most of the readers have - so far - been more lucky than you. Good luck.

First ask them to leave immediately. If they refuse, then tell them you're going to instruct bailiffs and take them to court for damages. Make them believe that vacating now is their best option because you'll let them get away with the damages. If they still refuse, pay the 1k and get them out ASAP.

Then take them to a small claims court and recoup whatever you can for damages and loss of rent (which isn't covered by the deposit)!

That's what I would do anyways.

Thanks all for your comments, much appreciated.

Once I've been through it, I'll be happy to share my experiences if ever others are going through similar.

Hi, what is the £1000/7 Days method and at what point in the eviction process can you use it?
I've recently served my tenants 2 months notice to leave via a section 21 but I don't think they are going and I want to get back in as soon as possible, regardless of cost!

I got back my property last Tuesday (21st October).  I didn't use the usual route of standard bailiffs that cost around £250 to instruct as I was too stressed to wait another 12 - 20 weeks for them to gain possession.  Instead I paid a wapping £750 plus VAT for high court enforcement to gain possession.  I looked up DCBL who feature on TVs 'can't pay we'll take it away' they pretty much guarantee to get possession within 7 days which of course they did. Worth EVERY penny, I'd highly recommend them.

I evicted tenants and was granted order of possession on 30th September but they didn't leave, I gave them ten days as they said their council property would be ready but of course it wasn't. I instructed DCBL 14th October, they could have gone in sooner than 21st but I gave tenants notice that they were coming (which legally you do not have to with high court) so they could pack up their stuff and go so I didn't need to carry on storing their stuff and thankfully they were gone when we arrived!

Good news, well done you!

Also thank you for updating the thread, always nice.

Quote from: 1houselandlord on October 27, 2014, 02:48:34 PMI instructed DCBL 14th October, they could have gone in sooner than 21st but I gave tenants notice that they were coming (which legally you do not have to with high court) so they could pack up their stuff and go so I didn't need to carry on storing their stuff and thankfully they were gone when we arrived!

Did you get the same guys off t'telly?

I agree with the comment "A Whopping" £750 plus vat, and you probably had to pay the transfer fee as well !!. The company we use are more established than DCBL, considerably cheaper, and have never failed to evict in under two hours total.
If you need this service , or are considering using High Court Eviction, feel free to PM me for more info..

Thanks "evictiongroup" I've already said DCBL were worth every penny! I was very pleased with their service and felt comfortable as I knew they were a reputable company, I'd seen their work on TV after all. 

Perhaps you could start your own thread on the subject instead of jumping on mine to promote yourself or even invest in some SEO!  Perhaps also when you do start your own thread you could be up front about who you are and who you use so us landlords could look up what we need to know about you.  Instead of taking conversation off line provide the information about yourselves up front!

Hippogriff - the guys that came to mine weren't off t'telly, I only know this as didn't recognise their names, however I did very nearly have the very big guy Stuart Mc (something).  I actually didn't look twice at them as I couldn't wait to get a good look at my property, it's been a very stressful time, feeling a lot better now though :-)

1HOUSELANDLORD, whilst I am pleased you have got your property back one thing you really need to consider is whether your eviction was undertaken lawfully.

Unfortunately, despite the TV fame, many of these new companies are very new to this industry and are known to undertake the enforcement of High Court writs of possession without gaining the necessary transfer from the County Court under Section 42 of the County Court Act 1984. Without this any Writ of Possession enforced is invalid and any action taken under it illegal.

In the circumstances, the tenant, and potentially any Council that incurred costs rehoming them, may have a claim for considerable damages from you the landlord, the company that evicted them and the authorised HCEO personally.

You may want to ask your provider to supply you with a copy of the order granting enforcement in the High Court before you're landed with a hefty damages claim.

Sound Advice from the Sheriffs Office.

I am glad that the author of the thread feels they got good VFM, and equally glad that what would appear to have been a very stressful issue for them has now been resolved.

Something serious to add here.

Since our recent articles on these speedy evictions the company detailed in this post has very quickly changed it policy and is has been unable to do jobs in 7 days. They have also been seen in our local court this week trying to do the job properly with the appropriate authority using S42.

We have several new clients who have requested proof of the S42 authority from the company concerned and they are just being ignored.

It doesn't take a genius to realise that prior to last weekend there is a good chance that every residential eviction carried out by them is probably unlawful.

We have also recently been made aware that this is the case regarding a certain company. However where there is one there may be others. The advice given by the Sheriffs Office to check the correct protocol is being adhered to is sound.