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I have tenants that have refused to leave the property even after a court order has expired. They are playing the game to get a council house and wont leave my house until the bailiffs turn up to evict them. Since they are both working they should not get a council house and their drama is causing me so much expense and stress. I have to hire Bailiffs by Monday but I dont know which ones to choose. I still have to go back to court and pay more fees and am so sick of it. Does anyone know of a good bailiff company to hire for the Birmingham area?

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Tell me about it, just been there.

 

Have you had your possession/eviction order yet and are you going court or transferring up to HCEO ?

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I have the possession order, they havent paid my costs or left the house, need to take next step now but not sure which way to go?

Edited by Googley2
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Is this a section 21 eviction, how long have you had the eviction order, when was itt issued.

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The Section 21 was issued in February and expired in April. The possession order was issued 21 July and expired 30 August 16. Needs to go to Bailiffs now to be enforced.

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The reason I ask is because in my case they waited for the eviction order before they did a moonlight. I believe this is the advice given on debt dodgers.com etc.

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Is there children involved

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Were they in arrears of rent ?

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Yes, why I asked.

 

I would ring the court bailiff and see how busy they are rather than transferring up .

 

Have they not contacted the council already, when they knew this was imminent.

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If they are able to afford housing,the best they can hope to achieve by this is temporary accommodation for the sake of the kids in any case.

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DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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It seems to be the way council housing works now, you have to be evicted to get a place. They could have got a place months ago if they want too just looking for cheap rent when they can afford more.

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The court hasnt said how long it will take just I have to fill in another form and pay more charges. Great life it isnt.

 

That will be the eviction order, a copy will be sent to the occupiers fro m the court.

 

They can take that to the authority.

 

I doubt very much they will achieve what they are after using their current course of action to be honest.

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It seems to be the way council housing works now, you have to be evicted to get a place. They could have got a place months ago if they want too just looking for cheap rent when they can afford more.

 

I menat once you get your eviction notice you have the choice of either using the court bailiff or transferring up to the HCEO, the court will be cheaper but slower usually, and it has to be said less efficient, the HCEO will usually act within two or three days but as said are are much more costly unfortunately.

 

The court bailiff usually have a back log and you have to wait, if you ring them they may be able to give you an estimate of the time you will have to wait.

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BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Heres my thread from earlier this year if it helps http://www.consumeractiongroup.co.uk/forum/showthread.php?458121-Section-21-notice.

 

I have new tenants in now and they are great so far.

Went with a mainline agent this time instead of trying to save a few pennies, It will be a good two years + before i get back into profit with it, but you live and learn.

Also took landlords payment insurance this time.

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DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Birmingham's own County Court Bailiffs are notorious for delays in the repossession of property.

 

I would suggest you use an HCEO. Most have national coverage but be sure to use a reputable one as there has been much evidence of new entrants to the marketing enforcing illegally.

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I have gone back to court to apply for enforcement action last week. Now the tenants wont pay the rent at all and are living free. Along with court fees, late rent charges they owe me roughly £1,600. Can I issue a Statutory Declaration (I think thats what its called) to try and force them to pay up? I really need the money to cover the mortgage. Thanks

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You really should have taken my previous advice. The County Court Bailiffs are notoriously inefficient unfortunately. They are salaried civil servants and have no real incentive to recover what you're owed. HCEOs are only paid properly on results. The cost of instructing an HCEO is £34 cheaper too.

 

You are thinking of a Statutory Demand but this cannot be used for the sums owed as they are too low. This is only the precursor to issuing costly bankruptcy proceedings anyway and many are ignored. If you did go that route you wouldn't get paid anyway.

 

What you really need to understand is whether your tenant has the assets available to seize or the means to pay. Many former tenants have neither so you really need to manage your own expectations here.

 

Q: Does the tenant have a job and do they drive a car of valued over £3,000 which is not on finance?

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You really should have taken my previous advice. The County Court Bailiffs are notoriously inefficient unfortunately. They are salaried civil servants and have no real incentive to recover what you're owed. HCEOs are only paid properly on results. The cost of instructing an HCEO is £34 cheaper too.

 

You are thinking of a Statutory Demand but this cannot be used for the sums owed as they are too low. This is only the precursor to issuing costly bankruptcy proceedings anyway and many are ignored. If you did go that route you wouldn't get paid anyway.

 

What you really need to understand is whether your tenant has the assets available to seize or the means to pay. Many former tenants have neither so you really need to manage your own expectations here.

 

Q: Does the tenant have a job and do they drive a car of valued over £3,000 which is not on finance?

 

Those aren't the costs of a possession action though, are they ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I couldnt go with the HCEO as they were not over £600 in arrears at that time. Now they havent paid any rent at all which is £650 a month and I can put on arrears charges @ £25 a month for 6 months and court fees so it brings it much higher. The HCEO charges were also quite expensive and they could give no guarantee that they would recover them and I would need to go back for two more court applications before they could do anything. They want another £400 in court fees and their charges on top.

 

Can I still change it to an HCEO now? The County Court has been paid for enforcement action.

 

They both work and have salaried jobs, he drives a car as well.

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An HCEO can be used for the possession element no matter what the arrears. However the HCEO can only act for recovery on a judgment over £600 so if you're judgment is for under that you would need to make an application to have the sums due revised citing all the evidence in a witness statement. A new claim may even be cheaper.

 

To evict tenants, most HCEOs charge between £300 and £600 although one well known one charges a lot more than this. The court fees are the court fees though and there will be £100 for S42 leave, £100 to issue a writ and £66 for the writ.

 

To enforce for rent arrears it could be included in the above writ (combined) making it the £66. If unsuccessful, which I must advise many of these types of cases are, then a further £75 plus VAT (£90) compliance fee is charged.

 

I believe you can still instruct the HCEO providing your judgment is over £600 but you will likely lose your £100 warrant fee already paid. Despite what some HCEOs claim, this cannot be added to the debt.

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