Evicting a tenant

[Countdown]

Does anybody have any experience of evicting tenants and debt recovery? I’ve obtained a possession order as well as an order for costs and arrears.

With regards to the eviction is it better to use the County Court bailiffs or to transfer the case to High Court and ask HCEO people to enforce the eviction? The latter option seems quicker and more efficient but Im not sure what the cost is likely to be.

With regards to order for costs and rent arrears – Scrotey McTenant is working but it’s a fairly low pay job. It will cost me £300 to apply for an attachment of earnings order. Is it worth it?

Anything else I should consider?

Thanks in advance

Mildly irritated of Tunbridge Wells

[Countdown]

zcacogp said:

Being brutally honest, if he doesn't own a place of his own and will move to another rental then tracking him down for any outstanding money is not likely to be easy. Getting him out is your goal, along with keeping as much of the deposit as possible.

Oli.

Thanks. She's still in my property and she's in employment so my Solicitor suggested applying for an attachment of earnings order quickly while we still know where she is and where she works. However if she's on low pay Im not sure how much I'd get so Im weighing this up against the £315 it's going to cost in terms of applying for one.

[Countdown]

Randomthoughts said:

Send it over to HCEO. They tend to wander in and 'help' people to move out, leaving them no choice.

Apparently HCEO are quicker and FAR more efficient at evicting people. However I've been quoted £1440 to use them. Apparently there's a waiting list of 6/8 weeks for the County Court bailiffs, however they will only cost £225 ish.

Does anybody know if CC Bailiffs and HCEO Bailiffs have the same powers ?

[Countdown]

Randomthoughts said:

I thought they got that from the people they were rinsing... TVs etc get lifted to cover the bill...

That's what some websites lead me to believe which is why I'm wondering why the people I instructed to issue S8 Notice are asking for £1440 for the next stage.

[Countdown]

Eleven said:

Just a thought: Go over and see your tenant, taking the documents with you. Explain that she is imminently leaving whether she likes it or not, wouldn't she rather leave now with £500 cash in her hand than be rudely removed by some horrid men in a couple of weeks? The first scenario gives her a deposit with which to terrorise another landlord, the latter leaves her empty handed.

That's the thing. All the way through I've been texting her, adjusting her payment dates, deferring her rent until it came to a head last December when she was 2 months in arrears. I gave her a final verbal warning and she'd actually caught up with her arrears in Feb, at which point she completely stopped paying. The agents chased her, I chased her, absolutely nothing. Refuses to answer the door, has changed the locks, neighbours complaining about the smell of marijuana. Ive tried to contact her repeatedly but nothing.

[Countdown]

Red Devil said:

HCEOs have far more clout.

For starters, obstructing one who is effecting the execution of a Writ is an arrestable offence. They also act a LOT quicker.
However, as you will be seeking a Writ of Possession in respect of an AST or periodic tenancy, read these articles first.

http://thesheriffsoffice.com/articles/repossession...
http://thesheriffsoffice.com/articles/residential_...

Also, HCEO fees are for the account of the judgement debtor, NOT the applicant.
All the latter pays is a compliance fee if the enforcement is unsuccessful.

If the County Court judge approves the transfer under Section 42 (see link above) there is every prospect of success.

Edited by Red Devil on Tuesday 19th August 16:12

Thanks - they look very useful.

On first glance there's nothing about costs in there for using a HCEO. Anybody have any ideas?

[Countdown]

Eclassy said:

You must also bear in mind that a risk of transfering a possession order to an HCEO is that they have no power to force entry. So a switched on scum tenant may just refuse to open the door.

The CC bailiff that attended my property knocked once and told the locksmith to crack on.

Edited by Eclassy on Wednesday 20th August 07:50

That was the bit I really wanted clarification on.

EClassy - are you sure about this? My understanding was HCEOs had more power than CC, not less?

In fact I'm sure my brief recommended HCEO for precisely the opposite reason that you give (i.e. HCEO could gain entry by force whereas CC couldn't)????