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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Re: eviction process I have a court order against my tenant

Resolved Question:

Re: eviction process
I have a court order against my tenant for the unpaid rent and possession of the property with effect from 1 July 14.
As I understand, from 2 July, the property should have been returned to me. The tenant won't leave, so I have to use bailiffs. I have today been given court bailiff's date of 23 September, which is more than two month away and nearly three months from the court order effective date.
My question is: can I instruct my own bailiffs to remove the tenant from the property or just go and change the locks.
The tenant is not classed as vulnerable, he is a single man who hardy ever stays at the property, the property does not seem to be his home. The length of time that the tenant will effectively be allowed to 'squat' in the property may result in damage to the property which I probably won't be able to recover.
Please let me know what I can do to recover the property.
Thank you
***** *****
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

NO NO NO!

Alex Watts :

You must have Court or certified bailiffs to evict

Alex Watts :

The tenancy still exists up until they leave.

Alex Watts :

If you want them out earlier you can transfer the Court Order to the High Court (cost is about £60) and then get High Court bailiffs to go in

Alex Watts :

They will go within a few days

Alex Watts :

These people are one of the biggest

Alex Watts :

http://www.marstongroup.co.uk/

Alex Watts :

But only bailiffs can do this

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks for this.

Alex Watts :

Happy to help

Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer:

This case is being handled by an insurance company who underwrite the referencing agency, and i have another question, please.

Alex Watts :

If it is on the same subject that is fine, or if it is a new question you will have to post a new one

Customer:

if the tenancy is still in force, am I not entitled to a refund of the letting fee?

Alex Watts :

If you pay up front yes, if you pay a % on what is paid no

Alex Watts :

You can't always predict if someone will stop paying

Alex Watts :

Unless the agents failed to carry out credit checks etc

Alex Watts :

Does that clarify?

Customer:

the agents employed Homelet referencing agency to do the checks, but that's where it failed. the references appear to be fake, Is Homelet negligent?

Customer:

sorry about this, i can pay for another answer if you like.

Alex Watts :

If the references are fake you sue the letting company and they sue Homelet

Alex Watts :

But you would not be entitled to a refund of the charge in terms of ongoing fees.

Alex Watts :

They have provided this service

Alex Watts :

You would be entitled to compensation for lost rent and the up front agency fee backl

Alex Watts :

Does that clarify?

Customer:

yes, thank you very much.

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