Appointing CC bailiff
Discussion
Hello, I've been through the whole S21 process to evict a tenant (accelerated possession) and finally got the Order for Possession giving her 14 days to leave by 13th February (and ordering her to pay me the £355 Court costs). She didn't leave and isn't responding to me or the letting agent, so I guess I will have to ask the Court to appoint a bailiff.
I've filled in form N325, drafted a cover letter and prepared a cheque to HMCTS for £130. I think that's all correct... anything more?
When the bailiff is eventually assigned...
- Will they turf her out and get her to arrange payment of the £355 costs, or do I need to chase her for that separately? If so, how should that be done?
- Am I able to claim the £130 bailiff fee from her too?
- If she moves out before the bailiff arrives, will the bailiff refund the £130 (I think I know the answer to this one!).
I've filled in form N325, drafted a cover letter and prepared a cheque to HMCTS for £130. I think that's all correct... anything more?
When the bailiff is eventually assigned...
- Will they turf her out and get her to arrange payment of the £355 costs, or do I need to chase her for that separately? If so, how should that be done?
- Am I able to claim the £130 bailiff fee from her too?
- If she moves out before the bailiff arrives, will the bailiff refund the £130 (I think I know the answer to this one!).
I am going through exactly the same process. Sent my cheque for £130 to the court and I am now waiting for them to respond so I can approach the Bailiffs for an eviction date. The LA have indicated to me via e mail that the Tenant has been offered Accommodation subject to a DBS check, but they won’t actually move her until I provide the Eviction date, because until that point they don’t consider her “homeless” and therefore have no obligation to house her.
As far as I can remember, you have to option to claim costs from the Tenant, but in my case I haven’t bothered because the chances of getting them are slim to none and slim has left town. In effect you have to pay the £130 even though in reality the Bailiffs will not be required as your Tenant will be rehoused prior to the actual agreed date.
I know when my Tenant finally leaves I will be left with further costs regarding clearing/cleaning the house, but at least I can move on with my life. To date it is over 6 months since I first issued a Section 21 with 2 months notice and the Tenant is still living in the Property. No wonder Private Landlords are selling up.
As far as I can remember, you have to option to claim costs from the Tenant, but in my case I haven’t bothered because the chances of getting them are slim to none and slim has left town. In effect you have to pay the £130 even though in reality the Bailiffs will not be required as your Tenant will be rehoused prior to the actual agreed date.
I know when my Tenant finally leaves I will be left with further costs regarding clearing/cleaning the house, but at least I can move on with my life. To date it is over 6 months since I first issued a Section 21 with 2 months notice and the Tenant is still living in the Property. No wonder Private Landlords are selling up.
Plus8 said:
I am going through exactly the same process. Sent my cheque for £130 to the court and I am now waiting for them to respond so I can approach the Bailiffs for an eviction date. The LA have indicated to me via e mail that the Tenant has been offered Accommodation subject to a DBS check, but they won’t actually move her until I provide the Eviction date, because until that point they don’t consider her “homeless” and therefore have no obligation to house her.
As far as I can remember, you have to option to claim costs from the Tenant, but in my case I haven’t bothered because the chances of getting them are slim to none and slim has left town. In effect you have to pay the £130 even though in reality the Bailiffs will not be required as your Tenant will be rehoused prior to the actual agreed date.
I know when my Tenant finally leaves I will be left with further costs regarding clearing/cleaning the house, but at least I can move on with my life. To date it is over 6 months since I first issued a Section 21 with 2 months notice and the Tenant is still living in the Property. No wonder Private Landlords are selling up.
Thanks for that - sounds like you're a bit ahead of me (though it's taken me 10 months to get this far!) so would be good to hear an update.As far as I can remember, you have to option to claim costs from the Tenant, but in my case I haven’t bothered because the chances of getting them are slim to none and slim has left town. In effect you have to pay the £130 even though in reality the Bailiffs will not be required as your Tenant will be rehoused prior to the actual agreed date.
I know when my Tenant finally leaves I will be left with further costs regarding clearing/cleaning the house, but at least I can move on with my life. To date it is over 6 months since I first issued a Section 21 with 2 months notice and the Tenant is still living in the Property. No wonder Private Landlords are selling up.
Like you, I didn't actually claim costs and specifically said that I wanted to keep things simple, but owing to some recent events (tenant smashing the place up and then charged with assaulting a neighbour, on top of some other stuff) it seems they decided I deserved a treat. She's already missed the payment deadline so I guess she has no intention of paying it, even though the Court order did stress that she would have credit issues should I choose to pursue it. When the agent asked if she was moving on the date ordered by the Court, she simply responded that she'd be there for another two weeks! Cheeky bugger. We did suggest that if she pays the costs now then we can give her a bit more time, but she's ignoring us so I have no choice but to do the next step.
I have the N325, cover letter and cheque ready to go, but with bailiff timescales of several weeks it just feels a bit pointless, especially as I understand the Court order is actually enough for the Council to re-house her. However, if I don't do it she might stay forever...
tobeee said:
Plus8 said:
I am going through exactly the same process. Sent my cheque for £130 to the court and I am now waiting for them to respond so I can approach the Bailiffs for an eviction date. The LA have indicated to me via e mail that the Tenant has been offered Accommodation subject to a DBS check, but they won’t actually move her until I provide the Eviction date, because until that point they don’t consider her “homeless” and therefore have no obligation to house her.
As far as I can remember, you have to option to claim costs from the Tenant, but in my case I haven’t bothered because the chances of getting them are slim to none and slim has left town. In effect you have to pay the £130 even though in reality the Bailiffs will not be required as your Tenant will be rehoused prior to the actual agreed date.
I know when my Tenant finally leaves I will be left with further costs regarding clearing/cleaning the house, but at least I can move on with my life. To date it is over 6 months since I first issued a Section 21 with 2 months notice and the Tenant is still living in the Property. No wonder Private Landlords are selling up.
Thanks for that - sounds like you're a bit ahead of me (though it's taken me 10 months to get this far!) so would be good to hear an update.As far as I can remember, you have to option to claim costs from the Tenant, but in my case I haven’t bothered because the chances of getting them are slim to none and slim has left town. In effect you have to pay the £130 even though in reality the Bailiffs will not be required as your Tenant will be rehoused prior to the actual agreed date.
I know when my Tenant finally leaves I will be left with further costs regarding clearing/cleaning the house, but at least I can move on with my life. To date it is over 6 months since I first issued a Section 21 with 2 months notice and the Tenant is still living in the Property. No wonder Private Landlords are selling up.
Like you, I didn't actually claim costs and specifically said that I wanted to keep things simple, but owing to some recent events (tenant smashing the place up and then charged with assaulting a neighbour, on top of some other stuff) it seems they decided I deserved a treat. She's already missed the payment deadline so I guess she has no intention of paying it, even though the Court order did stress that she would have credit issues should I choose to pursue it. When the agent asked if she was moving on the date ordered by the Court, she simply responded that she'd be there for another two weeks! Cheeky bugger. We did suggest that if she pays the costs now then we can give her a bit more time, but she's ignoring us so I have no choice but to do the next step.
I have the N325, cover letter and cheque ready to go, but with bailiff timescales of several weeks it just feels a bit pointless, especially as I understand the Court order is actually enough for the Council to re-house her. However, if I don't do it she might stay forever...
Tenants who are going go smash the place up will do that irrespective of whether there is a money order. My personal view is that you’re usually better off asking for a money order and then trading that for a swift/clean departure rather than hoping they’ll just leave.
If you’ve got an order, are are multiple of ways to recover monies owed and you don’t need to do it immediately. Assuming you have correctly handled the deposit, you may be able to recover something from that.
It can sometimes be faster to evict if you apply for the matter to go to the High Court in so that a High Court Enforcement Officer can be appointed. More expensive, but faster, and the cost difference can sometimes be offset by getting the place rented again quickly.
Some councils do play the game when it comes to not rehousing until an actual eviction.
LooneyTunes said:
It can sometimes be faster to evict if you apply for the matter to go to the High Court in so that a High Court Enforcement Officer can be appointed. More expensive, but faster, and the cost difference can sometimes be offset by getting the place rented again quickly.
Might be worth getting a quote - this was the first hit on google but others exist: https://solutions.dcbltd.com/high-court-enforcemen...The story took an odd turn today...
The rent is being covered by the Council (which I suppose is why she feels safe behaving as she does) and so the letting agent called them to ask if they have any information on her plans. Although they were not able to answer direct questions owing to the DPA, they did reveal that she already has a new place funded by the Council! So, she's not yet officially moved out of my flat but is officially in a new one, both funded by the Council at the same time. That stinks.
So, I can only assume that the 'alternative' date she gave me for her moving out might actually be genuine (maybe she is getting a man with a van that day). It means that, for now, I'll hold off on the request for a bailiff, though I imagine I will have to do that eventually for the Court costs she owes (and anything beyond the value of the deposit, which will only cover part of the damage she's caused).
The rent is being covered by the Council (which I suppose is why she feels safe behaving as she does) and so the letting agent called them to ask if they have any information on her plans. Although they were not able to answer direct questions owing to the DPA, they did reveal that she already has a new place funded by the Council! So, she's not yet officially moved out of my flat but is officially in a new one, both funded by the Council at the same time. That stinks.
So, I can only assume that the 'alternative' date she gave me for her moving out might actually be genuine (maybe she is getting a man with a van that day). It means that, for now, I'll hold off on the request for a bailiff, though I imagine I will have to do that eventually for the Court costs she owes (and anything beyond the value of the deposit, which will only cover part of the damage she's caused).
Just joined a landlord forum on FB. I've been doing it 22 years but was utterly shocked by the hard nosed attitudes and tales of losses. The whole business and regulation is so broke. And who suffers the most? Well, it's not the landlords making bad tenant losses (especially the ones that jack it all in having had enough)...
Just pay the fee and escalate it to the High Court. The big boys are paid on results, not like useless CC bailiffs. They don't leave your property until it's empty and they have to power to break the door down and get the police on scene to drag them out if they refuse. You'll have your (empty) property back in a day. Don't bother wasting your money with normal bailiffs as they can't do f
k all - you may as well chuck your money in the nearest fire as the results will be the same.
High Court is the solution to your problem.
You're being given the run-around by the council because they have nowhere to put them and are trying to make it your problem. Don't fall for it.
k all - you may as well chuck your money in the nearest fire as the results will be the same.High Court is the solution to your problem.
You're being given the run-around by the council because they have nowhere to put them and are trying to make it your problem. Don't fall for it.
Edited by r3g on Thursday 15th February 19:55
r3g said:
Just pay the fee and escalate it to the High Court. The big boys are paid on results, not like useless CC bailiffs. They don't leave your property until it's empty and they have to power to break the door down and get the police on scene to drag them out if they refuse. You'll have your (empty) property back in a day. Don't bother wasting your money with normal bailiffs as they can't do fk all - you may as well chuck your money in the nearest fire as the results will be the same.
This. HC should be the go-to for all such cases. See link above. If you don't believe me and r3g, see it on the telly.k all - you may as well chuck your money in the nearest fire as the results will be the same.Cant really help the OP, sorry, but I was witness to someone being evicted from my brothers rental, she was being paid £850 a month by the council but choose to snort it up her nose rather than pay her rent, for 19 months.
The bailiffs, one male, one female were so professional, you could see they had heard it all before.
Despite having 7 days to return and clear her stuff, she has choose not to, so the whole lot is heading for a skip, nothing even suitable for the charity shop.
The bailiffs, one male, one female were so professional, you could see they had heard it all before.
Despite having 7 days to return and clear her stuff, she has choose not to, so the whole lot is heading for a skip, nothing even suitable for the charity shop.
2 sMoKiN bArReLs said:
Completely unrelated, but long time no speak! You might remember me from St Albans. I hope you are well.
Hi Steve, good to hear from you! All well here and hope the same for you. When we met I was living at that flat (and had a TVR) so must have been a few years ago! Do you still come down this way?tobeee said:
Hello, I've been through the whole S21 process to evict a tenant (accelerated possession) and finally got the Order for Possession giving her 14 days to leave by 13th February (and ordering her to pay me the £355 Court costs). She didn't leave and isn't responding to me or the letting agent, so I guess I will have to ask the Court to appoint a bailiff.
I've filled in form N325, drafted a cover letter and prepared a cheque to HMCTS for £130. I think that's all correct... anything more?
When the bailiff is eventually assigned...
- Will they turf her out and get her to arrange payment of the £355 costs, or do I need to chase her for that separately? If so, how should that be done?
- Am I able to claim the £130 bailiff fee from her too?
- If she moves out before the bailiff arrives, will the bailiff refund the £130 (I think I know the answer to this one!).
I used a High Court bailiff last April, the tenant was told by local council authority not to vacate the property until the bailiff knocked, if she did leave before, then she would be classed as making herself homeless. Whilst court judgment included the £355 cost, I had to claim £485 from the departing tenant, who later paid me in full.I've filled in form N325, drafted a cover letter and prepared a cheque to HMCTS for £130. I think that's all correct... anything more?
When the bailiff is eventually assigned...
- Will they turf her out and get her to arrange payment of the £355 costs, or do I need to chase her for that separately? If so, how should that be done?
- Am I able to claim the £130 bailiff fee from her too?
- If she moves out before the bailiff arrives, will the bailiff refund the £130 (I think I know the answer to this one!).
Even if the tenant leaves before the bailiff's arrival, you should not enter the property, and/or change locks until the bailiff enters the property.
tobeee said:
2 sMoKiN bArReLs said:
Completely unrelated, but long time no speak! You might remember me from St Albans. I hope you are well.
Hi Steve, good to hear from you! All well here and hope the same for you. When we met I was living at that flat (and had a TVR) so must have been a few years ago! Do you still come down this way?Update on my situation:
Tenant has been offered a property which she has accepted and the new Tenancy with the Housing Association starts on Monday! My Tenant has asked me if she can have a little time to sort a few things out with the new property as she is responsible for floor coverings apparently and there are non currently.
I’ve agreed as a good will gesture to allow a further 2 weeks before she leaves and have given her a firm end date. As she is on Universal Credit I suspect that I will loose 2 weeks rent but in the whole scheme of things I am prepared to write that off.
The moral of the story is if you want your property back it is a long and sometimes frustrating financial/stressful journey. From start to finish it will have been 6 months but I have heard tales from other Landlords that it can be twice that.
Good luck to the OP. As has been said, I don’t think Michael Gove’s proposals will make life any easier for either Landlord or Tenant.
Tenant has been offered a property which she has accepted and the new Tenancy with the Housing Association starts on Monday! My Tenant has asked me if she can have a little time to sort a few things out with the new property as she is responsible for floor coverings apparently and there are non currently.
I’ve agreed as a good will gesture to allow a further 2 weeks before she leaves and have given her a firm end date. As she is on Universal Credit I suspect that I will loose 2 weeks rent but in the whole scheme of things I am prepared to write that off.
The moral of the story is if you want your property back it is a long and sometimes frustrating financial/stressful journey. From start to finish it will have been 6 months but I have heard tales from other Landlords that it can be twice that.
Good luck to the OP. As has been said, I don’t think Michael Gove’s proposals will make life any easier for either Landlord or Tenant.
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