People getting evicted -can't pay

(54 Posts)
Iamnotloobrushphobic Wed 04-May-16 21:32:26

I'm sat here watching can't pay we'll take it away and every time I watch this I get really annoyed that people can be evicted on the spot with no prior notice if the landlord gets an order from the high court.
Some of the people in previous episodes haven't even been in rent arrears, it has simply been the landlords wanting their property back for numerous reasons.
I have been a landlord and had quite possibly the worst tenants ever - they stopped paying rent and threatened to burn down the property but I couldn't put the children on the street with zero notification that it would be happening that day.
How do people live with themselves knowing that they have sent high court enforcement agents to people's homes and given them just an hour to pack and leave? I can actually understand it in cases where the tenants just don't want to pay / are deliberately damaging the property (even though I would still struggle to go it myself) but many of those being evicted haven't done anything wrong (some have).

specialsubject Wed 04-May-16 22:41:46

I've seen the odd episode of this. The tenants get plenty of warning. I've never seen an episode where there aren't massive rent arrears, but as I said I haven't seen many. There are also many councils that encourage tenants to wait for physical eviction, even when they are up to date with rent.that helps no one, but we have too many people for the available council accommodation.

Iamnotloobrushphobic Thu 05-May-16 06:10:17

Yes, they get notice that the tenant wants them out but the council tells them that they will be given notice and that doesn't happen. When it goes to the high court the tenant is unaware until the enforcement officer knocks on their door and tells them they have an hour to leave. Most (all) people think they are waiting for a letter which will give them 4 weeks notice.
Many of the people I have seen on the show are evicted because the landlord wants to sell up and cash in or the landlord wants to move in himself.

Iamnotloobrushphobic Thu 05-May-16 06:11:58

^^Notice that the LANDLORD wants them out.

exLtEveDallas Thu 05-May-16 06:31:03

I was under the impression that a warrant of possession has to be issued first, which gives the tenent notice, before the landlord can go to the Sherrifs for a High Court writ.

Plus there is a cash amount that the landlord has to be owed by the tenents to qualify to use the Sherrifs. I know my sister had to prove how much her tenents owed her before she could go ahead - and it was more than one months rent.

Allofaflumble Thu 05-May-16 08:42:18

I think they have to be two months in arrears before LL can apply for eviction proceedings.

MrsJayy Thu 05-May-16 08:47:44

They get notice to leave they are not just just evicted saying that it's sad seeing it I had to stop watching it I know they haven't paid rent or the LL is selling but they must be desperate and stick their head in the sand

Themoleandcrew Thu 05-May-16 08:53:04

They have had notice. They have been given notice by the landlord, then the eviction order. They know it's coming. Ok when the high court turn up its immediate but the tenant will know the day is coming they will have to leave. Why should they have the right to stay in someone else's property and not pay for it?

KittyKrap Thu 05-May-16 08:54:38

We've rented but we're now owners. The most important bill both myself and DH consider is the roof over our heads, either rent or mortgage. Anything else can wait as long as our home is safe.

Our last rental was a bit hairy when we came to leave and buy as we realised that no contract had been signed for over a year so 'in theory' (I'm presuming!) the LL could have turfed us out at any time with a months notice.

PirateSmile Thu 05-May-16 08:55:18

There are strict procedures to follow when evicting a tenant and the court has to be satisfied the tenents have been served with notice (they've been informed of the intention to evict) prior to the eviction order being issued. This will be preceded by lots of letters asking for rent with the appropriate guidance/warnings attached. The tenants who claim they didn't know about the eviction are making a last ditch attempt to delay the eviction. I don't blame them and it doesn't make the situation any less sad but they likelihood of them not knowing about the eviction prior to the event is minuscule.

gamerchick Thu 05-May-16 09:00:14

There was one episode where the landlord owned a few properties in one street and they were all evicted on the same day seemingly out of the blue because he had sold the houses.

I've seen a few episodes where the tenants haven't been behind in the rent.. How does that work then, not renew a lease or something?

Loulou2kent Thu 05-May-16 09:04:03

Agree with the mole! Can't watch this programme as it really frustrates me. Most of these families just stop paying rent & it's a long & drawn out process for the landlord. Its not a quick I want you out. How can they not pay rent for months & expect to hear nothing about it?? I'm sure a lot of it is burying head in sand & some just don't care. It's not fair. They're then able to move on & do it again. And some of the tenants know exactly what they're doing & live debt free in a number of places. Ps I am saying this as a private renter. I couldn't dream of missing a payment. If circumstances change then you make arrangements to move somewhere smaller & explain changes to landlord & come up with a plan. I know it's not easy as that but you can't just ignore letters & expect to stay there. I don't agree with the crazy prices they charge for rent. But that's a diff matter! Sorry I sound quite passionate but it really does press a button. Maybe it's just because I feel so many of them feel entitled?? The time it takes for some landlords to get non paying ten ants out is a joke ! Anyway I'll shut up now! confused

MrsJayy Thu 05-May-16 09:14:21

Gamerchick that was last series and i decided then to stop watching it half a street evicted on the same day

QuiteLikely5 Thu 05-May-16 09:19:08

Op

You always always get plenty warnings, do not think that nobody is aware.

Do you really think that a LL would not approach his tenant first prior to going to the high court? confused

Of course on camera they will deny all knowledge of anything but in reality they have just buried their head in the sand

gamerchick Thu 05-May-16 09:30:13

Can you remember MrsJayy did they get any warning?

Seeyounearertime Thu 05-May-16 09:55:38

Series 3 episode 2 I think you mean Gamer I just found it on Demand 5.
The evictions team didn't know why the people were being evicted. On the first house they knocked on the woman said,
"No body told me"
The enforcer responded,
"You've had notices from the county court obviously that detailed when they had to move by"
The woman broke down, the enforcer tried to explain but she wouldn't listen, the narrator then said,
"The tenant knew her landlord wanted her out"

So whatever happens after that, she had been given warning before by county court and by landlord.

The one thing that is awful is that they don't know when the High Court enforcers are coming, as in what day exactly, but they definitely have some warning.

Watching the whole segment the narrator actually says,
"Everyone on the estate knows about the eviction"

The second tenant had already packed after getting a letter from county court, she went on to say they all received a possession order.

I'm watching till the end in case they say why it happened.

The only reason given were rumours saying the landlord wanted to knock the houses down and rebuild and then give the houses to Housing association for emergency housing.

The high court enforcer then said the application to the court was based on end of tenancy.

The kicker is that there were 6 children involved.

gamerchick Thu 05-May-16 10:05:39

That's right I remember now and they had to wait for the eviction because the council wouldn't house them otherwise?

So really private renters are in a vulnerable position whether they pay their rent or not at the whim of the landlord.

Iamnotloobrushphobic Thu 05-May-16 10:12:12

Yes, they know that the landlord wants them out but by going to the high court the eviction is brought forward and the tenant isn't expecting the eviction on that day. The councils make it worse because they tell tenants to wait until they have an eviction date on writing and assure them that nothing will happen until they have that letter but when it is the high court the tenant only gets that letter on the day of eviction. Rent arrears are not always the tenants fault either - benefit cock ups can be to blame.

Maybe I'm just too gullible.

gamerchick Thu 05-May-16 10:15:17

Imagine knowing you're going to be evicted even though you've done nothing wrong and waking up each day not knowing if today is going to be the day? confused makes me glad I'm council.

sunnyoutside Thu 05-May-16 10:20:13

Iamnot I remember that episode. The tenants knew it was going to happen (one tenant had packed up and was ready) but they didn't know when. The council told them they would have to wait to be physically evicted, and I'm sure they were told (by the council) they would be given a few days notice.
The LL -if I remember correctly- was evicting them because she wanted to rent the houses to the council as emergency accommodation. The irony!

Seeyounearertime Thu 05-May-16 10:22:28

I'm Housing Association now, before that I was a tenant and also a Landlord.

My tenants messed me about to the point of massive debt, depression, stress etc. Evicting them isn't ever done on a 'Whim', in fact it is damn near impossible. You feel like a dolphin that's caught in an endless circle of hoops to jump through.

The rent charged was £500 pcm, if they had owed £1000 (2 month arrears) I could have served eviction notices, they owed £990.
They made demands on everything, from changing light bulbs for them, to mowing the garden. They caused £1200 worth of damage, mostly due to condensation that they claimed was rising damp, until an expert from the council pointed out that you can't get rising damp upstairs. They decorated the living room in the last month of tenancy in black and painted a whole bedroom wall with white gloss paint. I could go on.

I was relieved when they left.

Dilemmawithfil12 Thu 05-May-16 10:28:12

To get evicted you have to give a section 21 giving 2 months notice, once that expires you can then apply to court, once the court date comes you get granted an order for possession which gives you the rights to get a bailiff to evict the tenants, all of this takes about 4 months from the first notice given. Your given about 5 letters in between this. People do have notice but in my experience they wait for the bailiffs to turn up to do anything about it. Council workers tell them not to leave before the bailiffs arrive as you make yourself intentionally homeless, the reason for this is that the Council tries to convince the landlord to let you stay/sees what arrangement they can make due to the housing shortage they don't want more families in hostels that there isn't enough room to house. If you leave of your own free will you have given up the chance to stay in your property. This also gives the council more time to find suitable accommodation.

sunnyoutside Thu 05-May-16 10:40:52

Dilemma But what the bailiffs say on the programme is that because they are from the High Court they can turn up without warning. So the tenants knew it would happen at some point but they weren't given a date, which the bailiffs themselves state as true.

Dilemmawithfil12 Thu 05-May-16 11:28:37

On the possession warrent it states the date/time the locks will be changed, which is the time the bailiffs turn up, they cannot come
Before this

sunnyoutside Thu 05-May-16 11:34:34

So on the programme are the high court bailiffs wrong when they say they can turn up without prior notice? I thought they said because they are High court bailiffs they have different powers (for want of a better word) to regular bailiffs.

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