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Enforcing A Possession Order

The saga with getting your house back from a reluctant tenant is just one of those hazards of our business. I’ve had to deal with 4 of those cases very recently, and it is not pleasant. Time consuming, stressful, costly, etc. etc. You give them notice to quit, they ignore it, you go to court, and eventually, months down the line and rent arrears increasing, the Judge gives a Possession Order. And you think, good, now I can get on… But oh no! the battle continues, as the reluctant tenant very often refuses to go, even on the date the Judge says they should go. When that happens, the bailiffs have to be called, which takes even more time….

However, on these recent cases, the tenants have left on or before the date of possession. However, one in particular got my goat… if that is the expression. You may recall the one with two kids that I previously told you about here. I had expected her to sit tight and not go on the day. I wrote to her the week before, to set a time on the date, got no reply. Tried her mobile number, but that was off. Eventually, the day before the due date, I tried her ex-partner’s mobile number, and she answers!! She’s got his phone because he is in jail, because he smashed her phone and did criminal damage in a fit of rage.  Anyway, to my further surprise, she says she is moving, and the house will be empty on the due date.

Not believing any of it, I turn up on the Monday to check her out and collect my keys etc. The house is in a mess, even though she claimed to have moved out on the Friday before. There was a break-in during the weekend, and she’d called the police. When I arrived, she was painting over the graffiti that had been sprayed on the wall. There was garden rubbish everywhere, the carpets were dirty, front door lower doubleglazed glass was broken, black mould on window frames and bedrooms and living room walls (but not bathroom). I had a go at her for wasting my time, as I’d called before leaving to confirm she was ready for the checkout. We agree I’d come back the next day when she would have sorted it all out, had the place cleared completely and carpets cleaned.

Turned up the next day to find 3 wheelie bins full of rubbish, some green waste still left in a pile. House was relatively clean but the mould was still on the wall and the carpets not cleaned. I tackled her immediately about the mould, and she claimed some Environmental health officer at the council had told her to leave it, and not clean it as it was dangerous. But she’d caused it and lived in it!! I asked for the name of this officer, but she didn’t know it. I tackled her about her attempt at claiming disrepair on her S21 defence form, and she claimed the officer at the CAB asked her if she’d had any problems with the property, and she said yes, with damp and the boiler. Now, the boiler had only just been installed in October 09, so I pressed her for what the problem was, and she had no specific answer.

The damp & mould was due to condensation!! She used the radiators as driers, blocked up the ventilation points in all the rooms, keeps the windows tight shut and then wonders why there is condensation!!! Give me a break!!  So, I asked her if she was renting from the council – she says no. So, I ask again why it was the council to whom she reported that the new boiler wasn’t working. At this point, she proceeded to tell me to eff off with my s**thole property.  A property which she got in very good condition and proceeded to turn into the s**thole that she wouldn’t voluntarily vacate?? work that one out.  Its amazing isn’t it, how they beg and promise heaven and earth to rent the property, and when they’ve had enough or fall into arrears, decide its a s**thole. Why would anyone beg to live in a s**thole?

As she walked out still spouting profanities, I yelled back promising her she and her Guarantor would pay every single penny owed to me, even if it took them the rest of their working lives!! They are both young, so there’s scope. She’s gone off to live in a hostel, at even more cost to the taxpayer.

Meanwhile, the house has been given a makeover, returned to a very good condition, and now rented out again. This time to a mature lady.

In the meantime, the Third Party deductions that were being taken from her income support has now stopped, because she has moved from my property. Interestingly, if she’d moved to another one of my properties, then the deductions would have continued. This was confirmed by the friendly lady at the third party deductions office.

The next step now is to finalise her bill, and send to both her and the Guarantor, and if no settlement forthcoming – which I don’t expect, then I’m going to be starting a moneyclaim using the MCOL service.

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    Posted in Court and Justice, Lettings and Management, Tenant Eviction.

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