Eviction

[DorotheaDiamond]

Looks like I’m going to end up evicting my tenant (it will be section 21 but I know she won’t leave so possession order/bailiffs)…just wondering how the bailiffs actually remove someone from the property? Can they physically move someone? Or do they just wait until they are out and change the locks?

what happens if there are pets in the house?

what happens to the tenants belongings after that?

(no discussion about rights/wrongs of section 21 please - we need to sell for financial reasons)

If the tenants don’t obey an outright possession order, you can escalate it in court to a warrant / writ for possession: this gives bailiffs the right to have the police forcibly remove the tenants if they still don’t agree to go of their own volition by the date set out. The bailiffs then change the locks and hand you possession. If the tenants are out on the date set out in the warrant / writ, the bailliffs have the authority to enter the property by force and change the locks without the tenants being present.

In either of the above sort of situation, where the tenants have literally been put out onto the street, the bailiffs will often encourage you to come to an arrangement about storing any furniture and belongings in the property for a set number of days until the tenants can arrange to collect them - although you don’t have to agree.

From experience, if there are dogs in the house and the tenants aren’t in, the local authority dog warden will usually be contacted to attend and remove them from the property.

How far down this route will the tenant need to go to not be intentionally homeless?

They'll need to go to the full route if ballots coming to take back possession of the property before the council see them as homeless.

They can usually present as homeless the day before.

Are you comfortable with having the pets killed? That's the likely result of your choices here.

The council won't allow pets into temporary accommodation, and will force the owners to choose between having a roof over their heads and keeping their pets.

Rescues are full to bursting. They are turning away animals left, right and centre. They just don't have the space.

If the owner is being evicted by bailiffs, they aren't allowed to take the pets to temporary accommodation, they can't find alternative private accommodation, and the rescues don't have space, what do you think is going to happen to these much loved pets - especially if they're older, unfashionable breeds or have health needs?

But what’s the other option - should the OP make themselves bankrupt for someone else’s pets?

If you're worried about it, work with them as much as you can.

Are you sure they will be turning to the council for help?

Could you offer them half price rent for a while to help them pay for storage or whatever?

This is why amateur/accidental landlords are (hopefully) going to be driven out of business.
Someone is losing their home because the LL has had a change in circumstances. This is very unlikely to happen when renting from a company whose business model is renting property.

This recession and the interest rates, if not the legislation, will hopefully finish BTL and the amateur landlord for good.

LL has rented the property for below market rent for 8 years thank you very much - it’s in a terrible state now because the tenant isn’t looking after it at all - she hasn’t even contacted me about some of the issues otherwise I’d have fixed them.

I don’t think a professional business landlord would accept a halving of the rent for the rest of the tenants life which is what I would be getting if I “worked with her”…(yes I know that’s going to happen). Neither would housing associations or the council - if a tenant can’t afford the rent they have to make other arrangements.

So please fuck off with your judgements - I was looking for information on the process so that I can make sure she gets the help
she needs not so that I can throw her onto the street.

Well yes, with the result that there’s nowhere to rent!

why so much vitriol????

We're in a very similar situation OP - what has happened since your post? Our tenant has just told us that she cannot leave after we issued a Section 21 two months ago.

Will pm you

You say you didnt increase rent for 8 yrs probably because it was over priced all along, as if any LL would not increase rent. Youre all corrupt. Dont you do 6 monthly or yearly inspections to check the property state? This is your fault. If she is paying rent why evict them? Just fix the issues after an inspection.

Rent currently about 75% of market rate so you can fuck right off with your “all corrupt” bollocks.

@DorotheaDiamond you can’t post as a landlord on MN and not be treated as if you are the devil incarnate I’m afraid.

I feel your pain as I’m staring down the barrel of having to s.8 evict my tenant and it feels shit.

I can’t add to the other advice about bailiffs because I’ve never had to go that route before, I did prepare the paperwork to issue proceedings once, but tenant ended up leaving voluntarily.

I really hope you get sorted with the least pain possible. Like you we’ve not upped the rent in 7.5 years so he’s paying well below market rate but treating it so badly my contractor has refused to work in the flat because of the state it’s in. It’s not safe. So I want to fix things for him but cannot.

You both have my sympathies. I have always rented and I have to say, bar one, they have all been good and fair landlords.
What happened @DorotheaDiamond? I have been working with a landlord at the Foodbank that has had to increase rent hugely ( because of mortgage) and the council have agreed to cover repairs and the extra rent... tenant had to apply to special fund. It has delayed the eviction by a good six months but has kicked the van down the road really.
Was it resolved?

@whyisitallsohard in London there is a major shortage of homes to rent. Most landlords are decent people who just can’t afford the costs that are involved now. And many people who rent aren’t in a position to buy, even with a significant fall in prices in London. We need more good landlords, not fewer.

@TheBossOfMe we need more rental properties with professional landlords, not amateurs who can’t/won’t upgrade the properties to decent EPC ratings, and who won’t sell someone’s home from under them due to a change in circumstances.
Would be better if all landlords had to incorporate and contracts to rent standardized.

@C4tastrophe yes I broadly agree. But there are landlords who do end up with a change in circumstances through no fault of their own so have no choice but to sell or have the property repossessed. Both of which end up in the same place for the tenant.

The reason landlords are selling in droves is because of legislation changing abolishing section 21 and section 24 implementation plus rising costs. You really think the companies like NR and Lloyds are going to be better landlords I don’t think so. I’m out of BTL now just doing Air b and b better return less hassle. I have a tenant in £2.6k of arrears have served section 8 and offered him £2.5k to go if the place is left tidy etc he has agreed. He also has a dog unauthorised by me I already decided I would pay for the kennel fees as it’s not the dogs fault it’s got a cretin for an owner

Exactly. Amateurs that should never have been allowed to become landlords in the first place.

Anyway, it’s a moot point now as BTL is dead, interest rates and EPC requirements will shake out the ‘Bill and Doris’ from Barking who bought a nest egg (hovel) in South Sheilds and have never even seen the place in person.
Fortunately for most landlords they can sell now and still make a decent profit from the equity increase. I’m very surprised so many are still clinging on when the writing is on the wall.

If this/the next government bring in an EPC ‘C’ rating for all rentals (and they will ‘cos Net Zero) then the arse will instantly fall out of the Victorian terrace/HMO market.

@C4tastrophe where are the tenants going to live in those Victorian builds there is no housing the rents are going up and the landlords are leaving where are those existing tenants going to live