Question

Tenant failed to remove goods next day or so as agreed and may have moved back in

by | 1 Apr 2017

Hi, the bailiff attended last Monday – the tenant has heavy and he claims expensive imported furniture which was still in my flat and so the bailiff couldn’t wait for removal as he wanted to leave asap and said we would have to arrange ourselves. The tenant agreed he would remove in the next day or so so I allowed him to have one key and didn’t lock the other as council was finding him temporary accommodation and I or agent couldn’t come at short notice when he needed. He refused council’s offer saying it was too far and I have learned he may be living at my property this week with his one child and pregnant wife without my consent and not the temporary accommodation/and he has not paid towards this and still not removed goods so I am suffering loss. I have not yet attended in case of there being confrontation.

Can i arrange to change locks anytime/ask the police to attend for assistance or has or when does he acquire any rights i.e. if I accept any rent for this week as he may be willing to pay for it and one more month he proposed or if perhaps I do not act soon enough as I really need him to remove his goods as the cost could be around £500 then storage costs and his deposit will not cover this as he owes this last month too? Could I reapply for the bailiff to come on the usual form and fee of £121 and this time of course I will not trust him with any access etc. – I have not contacted the court yet, might they refuse to send bailiff again although previously when it’s needed to be rescheduled again they have said I can reapply so long as I pay the fee – is that worth a try if I have no other options?

Answer

1 Comment

  1. guildy

    You must not ask for nor receive rent because that would almost certainly create a new tenancy and everything would need starting again.

    You could try the police in the first instance because the law was changed in 2012 making it an offence to enter as a trespasser with the intention of living at the property. If the police won’t get involved, you could try the bailiff form again if the court has said you can (but we don’t think that is technically right but no harm asking).

    Ultimately, we think the correct procedure would be the trespasser possession procedure.

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