He hasn't paid any rent since October 2014 and we have an MCOL granted for over £7,000 and a PCOL for £12625 first payment due 21 April 2015. This is on the General Form of Judgement or Order
Thanks. it is very important that you do not enter the property without bailiffs and a warrant or you will be guilty of a criminal offence under the protection against eviction act which will allow the tenant to sue you for damages. This may sound extraordinary but it does happen and the courts have awarded thousands in compensation to tenants who have sued under such circumstances. It is clear your tenant is very aware of his rights in this respect.In order for a tenancy to come to an end, it is either necessary for you to obtain a warrant for possession with the assistance of bailiffs or for the tenant to voluntarily give up his tenancy. Moving out on its own is not sufficient evidence to demonstrate giving up of a tenancy; Rather, the tenant must actively indicate he's given up a tenancy. THis might be in writing but also could be in the form of handing back the keys. it is clear from the correspondence you have received that the tenant has not given up his tenancy.This is obviously a frustrating position however it is very important not to be tempted to enter the property in the circumstances however reasonable it may seem.The good news however is that High Court enforcement officers will typically enforce possession warrants much faster than County Court bailiffs. The tenant is likely not far off the mark in terms of his prediction of timing how long County Court bailiffs may take that High Court enforcement agents will typically enforce within a week or two of the warrant being issued for possession and therefore you should not have to wait as long as the tenant suggestsObviously, as you will be aware, you can pursue the tenant for unpaid rent using a variety of enforcement measures assuming the tenant has assets.Can I help you with anything else or has the above answered your questions satisfactorily?
No nothing more at this time thanks. Will line up the Sheriffs hopefully for the 24 April after 4pm.
Many thanks for your help and prompt reply.