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Baliff Eviction.

Started by steve99k, April 11, 2018, 01:21:25 AM

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steve99k

Hi, I recently posted about the appliances that my current tenant falsly claims to own,
My court hearing when perfectly and I won hands down.

However, I am still faced with the additional problem of the false claims made by my tenant.
SHe claims that the washing machine and a anumber of other household appliances and futniture belong to her.

I was told that if she takes the furniture, I can later make a claim for the appliances through the small claims court.

However, as the tenant is in more than 3000+ of arrears, can i make a request for these particular items to be used as part of her rental re-payment order?
She has been ordered by the court to pay the outstanding money to me.

She does actually have an income but often removes the money from any bank accounts immediately to facilitate a story that she has no money.

I am new to the eviction process and would like to ask for a little advice on how the eviction will actually take place.
Will I be given an option of how I would like the owed monies to be paid to me, or is that something I would have to re-apply to the court for, in the event that she does not appraoch me to repay the monies owed.


theangrylandlord

#1
Could clarify what it is you actually have from the court?
There will be no eviction until you appoint the bailiff .. have you done that?
You will get no money from the tenant until you get a CCJ.. is that what you got from the court?

There are a couple of different options to recover money once you have the CCJ but that means spending even more money to get it.

If she is moving out (or you evict her by appointing a bailiff) then before you can seek a CCJ and have the bailiff “levy execution” by seizing the assets you want, the matter will have been either “resolved” as she left them behind or she took them with her so there is nothing for the bailiff to seize anyway.  Also by asking for this you are admitting the goods are hers!

[if they are left behind but still in dispute then be aware she has a claim to them under the “Torts Interference with Goods Act 1977” if you sell/dispose of them without the correct steps.]

If she is 3K in arrears ask yourself if you think you realistically can get that back. If she has an income then maybe but you really want to seek an attachment of earnings order (I’ve never done this but I am told that the monthly recovery is peanuts).

My advice is
(A) make sure contents insurance is up to date and claim the items under the insurance as theft by the tenant if they are taken.
(B) appoint the bailiff asap if not already done


Best of luck.