- 31st January 2015
- Posted by: Seatons Solicitors
- Category: Articles, Landlords
As a landlord is it likely that you will at some point have to evict a tenant. Say you have gone through the entire process but the tenant is still refusing to leave the property. You have issued correct notice and obtained a possession order from the Court which has since expired.
In order to legally evict a tenant you must instruct bailiffs through the County Court that dealt with your claim. The bailiffs will give an appointment when they are able to attend the property. This can be any period from two weeks to two months depending on the availability of the bailiffs. When the bailiffs provide you with the appointment, they ask whether you believe Police should be present; perhaps the tenant is known to be violent or there are several dogs at the property.
On the appointment date, the bailiffs will attend the property and coax the tenant outside. Once the tenant is outside, the bailiffs will change the locks to prevent the tenant from re-entering. If the tenant still decides not to move, the bailiffs can only apply ‘reasonable’ force which is why it is important to have Police present as they have a higher level of force that can be applied, and ultimately the tenant could be arrested.
If your tenant is in huge rent arrears then you might benefit taking the bailiffs appointment to the High Court as these bailiffs can be available the next week. In order to do this you must apply to the County Court Judge who will make a decision based on your particular circumstances whether it is reasonable for the case to be transferred to the High Court.
If you are having issues evicting a tenant give us a call on 01536 276300 or email firstname.lastname@example.org.