Tenants done a runner / Bailiffs Chasing them

[taz999]

Just seeking some advice on behalf of my father in law (and for me): It appears that the tenants that were staying in my father in law's property have most likely done a runner, back to South Africa.

I think it's a safe bet to say that. They haven't been seen for a couple of months (and not paid the rent for 2 months), not paid the council tax (now owing over a grand with the bailiff's fee on top), ran up a fone bill for over 300 quid, owe Npower 170 quid and god knows wot else. I think my sis in law says that she found some documents from the Manchester Uni asking for over 7 grand in unpaid course fees. The lady of the family was doing a post grad course.

How do we know all this? We had a good look around the gaff and opened a few letters. Dunno if that is legal but sod it !

Assuming that we wont see the tenants again, can we simply take wot they have left behind legally? I guess my father in law's worry is that they turn up out the blue and try to claim what they left behind. Unlikely I know, but over the xmas period they weren't seen for a FEW weeks and missed a rent payment. Then they turned up and paid the rent that was due.

They left behind a PC (pentium 4 2.4 Ghz), a decent HP combined scan, fax and printer, a nice Mama and Papa's buggy, cot and baby's travel system. As well as clothes, shoes, playstation 2 games. Needless to say that we've got our eyes on the items of value.

We have also got bailiffs making visits and threatening to seize goods. Another reason to take the items before they get their hands on the stuff.

Just thought i'd add that their 1 year tenancy runs out at the end of this month.

So I was wondering:

- what can we do, and
- what would you do ?

PS Another factor to take into consideration is that the PC left behind is much faster than my 1Ghz celeron laptop

Taz
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moderator

seek legal advice, this is a diy forum

 

[big-all]

mmmmm my thought from a common sence point of veiw as i dont know


dont assume that anything left bellongs to them as in h p catalouge ect

so it would then be the property of whoever they bought it from on hp or the finance house they owe the money to

youll also have problems with the bills
whose name where they in!!!!


its of course illegal to open mail thats not addressed to you and would be very very carefull who you tell this to

 

[Richardp]

Not sure about this but I would go round to your friendly estate agency and ask them, try one that also runs a letting agency. If they are not helpful try asking a letting agent that your thinking of letting but what if ?

maybe you could email one.

 

[Freddie]

Richard forget your tenants and dont spend anymore money chasing them they aint coming back--delete this thread---keep your mouth shut and flog all their stuff---thats the only way you will come out with something back

 

[Richardp]

Richard forget your tenants and dont spend anymore money chasing them they aint coming back--delete this thread---keep your mouth shut and flog all their stuff---thats the only way you will come out with something back

Well Freddie lets think the best in people, maybe they'll get back to Africa and be lying in their bed at night feeling guilty, next day rush down the post office and send a postal order off to taz's brother in law for the outstanding amount of rent.

 

[Thermo]

speak to citizens advice or a solicitor, but in the meantime if you know they have gone for definite, change the locks from a security point of view. Unless the bailiffs get a warrant they cant force entry. You could remove their stuff for safekeeping, but do not dispose of it in anyway until you take advice. do the wrong thing and it will end up costing you more money.

 

[taz999]

________________________
moderator

seek legal advice, this is a diy forum

GENERAL CHAT: Tired after all that DIY? Talk about anything here. All off-topic posts should live here.



Proper legal advice should be sought i agree, but it's a bit difficult obtaining it on a Saturday night. So in the meantime i thought i'd ask for advice from the regulars out there. As a regular visitor to the general chat forum there are people out there with knowledge on a wide of subjects. There's no harm in getting opinion and advice from a variety of sources.

I agree I thinks it's best that any goods of value should be stored for safe keeping. Will do this over the next couple of days.

I was under the impression that bailiffs could not FORCE entry into a residential property, or am i mistaken ?

Taz
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moderator

you have a legal problem, this is a diy forum 16

 

[Big_Spark]

Contrary to what some p[eople believe, Private Bailiffs have no right of siezure and certainly no right of entry to any premises. Such rights can only be granted if they are in possession of a Judge appointed Court Warrant.

To remove any goods, or to enter the premises without the permission of the legal tennant is a CRIMINAL OFFENCE and if you think that you wont or cannot be prosecuted then I strongly suggest you think again.

Legaly, you MUST issue an enforcement notice on the Tennants stating that you intende to seek a Possession Order from the Court, the Court will then write to the Tennants if the form of a Summons. If they fail to attend, you automatically win, but just because they attend does not mean they win either.

This is the ONLY legal route to proceed along. Simply entering the premises without permission, even though you own it, is a Criminal Offence and you can be sent to prison in EXTREME cases.

The Only other way you can force the Tennents to contact you is to Post a notice on the Door of the Premises and physically change the locks. The Notice must be done with the full support of Legal Councel, and I beleive can only be issued by Court Appointed Bailiffs.

I would suggest you take no more action without consulting either the Local Housing Authority or Legal Councel. Forget the CAB as they tend to be Tennant oriented and often not much help to landlords.

One way to discover, legally, if they have left the country, is to report them Missing to the Police and advise that they may have left the country. The Police have the Powers to get information from the Airlines that you do not, and so can either rule in or out this possibility.

 

[taz999]

Thanks FWL_Engineer for your reply which contained some useful info I wasnt aware of.

I hear what you are saying about entering the house at this point in time, but can we legally enter the house in a months time ?

Their tenancy agreement runs out in just under a month's time. Surely that means we can enter the house legally as possession reverts back to the landlord ? Or is it not as simple as that ?

I am assuming that in a month's time we are also entitled to remove goods from the house. But nevertheless to take possession of the goods we would still have to obtain a court order. Please correct me if i am wrong.

Does that fact that the swines haven't paid the rent for the last two months mean that they have lost some or all of their rights, and the tenancy agreement is now null and void ? Or would that be specific to the tenancy agreement that they signed ? If I get chance later on i will try to get hold of a copy of the agreement that they have signed.

Taz

 

[Moz]

Taz

FWL_Engineer is quite correct , btw forget trying to chase them ,I doubt they have gone back to sarth afrrika,if white ..lol.....nothing there for white man now ..

sell the stuff go in change locks an get a better depoisit sorted next time .. an a future lease water tight as a ducks backside ...

 

[petewood]

moderator

you have a legal problem, this is a diy forum 16

Moderator what are you on about? Regarding rule 16 this forum is full of complaints about tradespeople, customers, suppliers and products.

________________
moderator

exactly, this is a diy forum he needs legal advice

 

[paulh53]

moderator

you have a legal problem, this is a diy forum 16

Moderator what are you on about? Regarding rule 16 this forum is full of complaints about tradespeople, customers, suppliers and products.

You have an electrical problem, this is a diy forum
You have an plumbing problem, this is a diy forum
You have an appliance problem, this is a diy forum

You have an GENERAL problem, this is a diy forum

 

[big-all]

mmmm youve got to be carefull they may have already talked there way in to take an inventory with the tennants from which i belive entitles them to reenter without warrent to collect goods i of course could be wrong but worth checking

 

[Slogger]

there was nothing left in the house at all it was empty as you had squatters for a week they then left it totally bare

what pc ? whos pc

look into my eyes not around my eyes your under

there was nothing at all left nothing at all

whos to say otherwise **** them m8ty they dont deserve any better
ps if you do get squatters i am sure if you put some of us up room and board we could persuade them to leave muahahahahahhahaha

 

[AdamW]

If he is having a moral dilemna with it, tell him to think of it like this: if a company goes into receivership, there is an order in which debtors are repaid.

If you, as the consumer, are owed a warranty or some-such, then you are highly unlikely to get what you are due. A big company is usually more entitled to some payback.

In this case, you have a chance to ensure that YOU get your dues, and the big company can incurr the loss this time. Change the locks, strip the assets. If they come back, then it is easy to explain, and the discussion about the outstanding rent etc. can ensue.

If they don't, then what will the bailiffs think (provided they are granted access)? "Ooooh, they did a runner AND just so happened to take their most expensive posessions!".

This sort of thing happens frequently, the maisonette underneath mine was rented out to someone who did a runner, the owner told me he never got any money back. And whoever owned my place before me seems to have ordered stuff from catalogues just before they moved and "forgotten" to pay (they were very keen not to leave a forwarding address, surprise surprise It was only when I finally opened one of the letters I had been "not known at this address"-ing that I found out!)