Help For Evection Process

Landlord Discussion Legal
1

Hello All
First time I have had to evict someone and just wanted some advice on procedure.

She hasn’t paid rent for nearly 3 months now and had zero contact but she’s definitely still there.
I served her with a section 21 with a 2 month and 2 day eviction date, which is this coming week.

I already have the forms filled out to file with the court etc and I’m right in saying I fire that off on the morning of if she’s still there……

It’s just what’s the process or protocol of going there on the eviction day?

Do you send a email stating you will be there at 9am let’s say to hand the keys back etc

If you get there and she……

Wont let me in?
Ignores the door bell?

Can you enter the property to acess if she’s there? What damage there is etc etc?

As I say small time landlord and first time, fortunately in having this utter nightmare……

You advice is gratefully received

Thanks in advance

A

1 Like
2

She would be entitled to use of the property on the day so better to make it at end of day rather than 9am unless she agrees to an earlier time.

While she clearly should give you access if she refuses to do so then you cant insist and need to go down the court route with baillifs evicting her.

3

If she hasn’t paid and is currently 3 months in arrears, does that change anything?

If you knock and there is no one there or no one answer. Can you let yourself in? I mean she may have left , I have no idea?

Is there a standard protocol at this stage?

Should I send a reminder e mail saying I will be there at 5pm to collect keys, would say run though inventory but the fact she hasn’t paid I can’t imagine she will care……

Finding out the hardest here as to what little rights us landlords have over our OWN properties……

Systems very wrong :expressionless:

1 Like
4

Unfortunately it doesn’t and yes the system isnt fair…

Best thing is to tell tenant when you will be there (give at least 24 hours notice) and that if she isn’t in you will let yourself in. If she doesnt object then you are fine to let yourself in. If she does object then you cant go in and you know you have a problem and need to go via courts.

5

Ok that’s great info thanks

And if she doesn’t reply I’m assuming that’s NO ONJECTION?

And if she does I know where I stand and morning of next Tuesday when 2 mknths is up

I post my letter to the courts?

You can’t send any earlier can you

Thanks for all your help Richard

Best
A

6

Yes, you seem to have a good handle on this. Knock loudly and let yourself in if no reply. She has to actively object or bar entry for it to be a problem. If she does, just back off. If you can have a witness with you all the better.

You will need to send the possession order application the day after the notice expires.

7

One more question for you very knowledgeable and helpful guys….

So I send my email as per stating I’m coming in at 5pm.
If no reply and when knocking and entering No ones there, however all her furniture and stuffs there….

What then?

Ty all again

8

You start looking for evidence of abandonment and recording it. Have a look at this video from the housing lawyer David Smith: