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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have an Order and a General Form of Judgement

Customer Question

We have an Order for possession and a General Form of Judgement or Order for 24 April which also gives us permission to enforce the order using the High Court Sheriff. Tenant moved most of his possessions out Friday 10 April. Left a settee and some food in the freezer. No beds or toiletries (I have dated photographic and video and witness evidence to prove this). On the 11 April I had an email from the tenant see text below:
We've taken most of our possessions , with some remaining . We're of now on Another Holiday , it's our intention to vacate when the Bailiffs come knocking , could be circa 2 months from now .
Please do not make the mistake of entering the property while we're away , some friends we have in PD will inform us , I'll then immediately inform the Police that an offence has been committed .
Except my offer , you will have
the keys within 2 hours , friend has a set in PD !!!
Do I need the Sheriff if he is not living at the house and is away on holiday on 24 April?
Thanks
Mary
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask is the tenant also behind with his rent or is this paid up to date?
Customer: replied 1 year ago.

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

Expert:  Joshua replied 1 year ago.

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 suggests

Obviously, 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?

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

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.

Expert:  Joshua replied 1 year ago.
A pleasure. I hope it all goes well.

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