Just thought of reaching out to wider world if anyone can advice and suggesting me on this matter.
Initial reviewed by a Judge to repossess of property is been set for 11 January 2021, but literally yesterday lead tenant has notify me that, they will vacant and handed over the property on Monday 4th Jan 2021 in order to avoid the court proceedings.
As a landlord, am i allowed to take over the property while court process still in progress? Am i breaching court case or any legal T&C if i took over property and keys?
What’re the pitfalls and things i carefully need to take in considerations?
Thank you all in advance for taking time in this very difficult time and in different day.
You can sign a deed of surrender with the tenant on 4th Jan, just as they leave. Make sure you take a witness who will also need to sign. If they refuse to sign then press ahead with the court case.
You will still have paid for the court proceedings and can legitimately apply to have the cost deducted from any deposit you took.
It’s possible that a police officer can go with you to the property as the witness for the deed of surrender. This isn’t an intimidation thing- as if you’re out of line the officer will tell you to duck off. Its helpful for it to be a non partial professional.
I would consider getting a body cam to record the situation.
Do not stop the court proceedings until that’s been handled.
But honestly tread veeeerrryyy carefully here as any unlawful eviction or harassment will cause problems for you.
Keep all discussions with the tenant either written/text or recorded.
Thank you very much.
I know this is a bone questions but i am reluctant to ask you this,
how i can arrange to book for a police Officer as the witness for the deed of surrender, is this something being put in practice in past ?
You contact the police station and ask if they’d be willing to do so. Then you schedule it.
I do believe that @David122 is right that they cannot be your witness - but they can be present and witness it.
I’m more familiar with it in america. It’s possible they refuse here but that would be baffling, honestly. Having a police officer present to prevent a situation from escalating saves a lot of grief vs having to wait for it to go bad. In america you sometimes have to pay an additional fee but it’s well worth it.
Because things have already escalated to court proceedings, it is reasonable to be concerned about your personal well being if you go to see these people. Which is part of the reason to have the police officer present, for your physical protection.
Anyone of good standing is fine for the formal witnesss. A non partial person is better than, say, your best friend or relative who have an incentive to lie in your favor.
Whichever route you take, take a locksmith with you to change locks there and then. Also locksmith can act as witness to change and sign. Do no harm whatsoever for tenant to see the locks being changed.
I agree with David122, you won’t get a police officer to attend. Its a resource issue and more important priorities. Any witness will do as long as they are not related to you.
It depends on circumstances but I would most likely still press ahead with the court hearing as they may also owe you money e.g. rent arrears, unpaid utility bills and any costs involved and a CCJ would make this easily recoverable from the DPS (Deposit Protection Scheme), as at that time you will only have been handed the keys, a vacated property and a signed deed of surrender. I would then get the lock barrels changed to secure the property.
If you are going in at anytime to check them out, always take an independent person. Therefore why not take the person doing the check out inventory, killing two needs at the same time. As stated body cam will be a real help, check it works before you go in. The inventory guy will inspect the place and as you go around you might notice things as well. You then have evidence for any claim, take your photos too and any short video clips separately on you phone or ?. If you’ve had to go to court to get them evicted then there could be other issues to address. Then change the locks immediately including any sheds or garages. Sign nothing until you have the independent report and all your information lined up. You will then need to agree deductions, if any, with the tenant and if this exceeds the deposit, the guarantor. As it may need court or Intermediary decision, evidence of pre letting, inspections vv check out photos, video, written Comm’s, texts, WhatsApp and any quotes from professions for replacement or repair. You will need them all to win you claim unless the tenant accept of course. Whilst the tenant is being taken to court, most not all, would prefer to get out before so they don’t have a court injunction awarded against them. However, as Colin states in some way, there are the type who say the will get out, the landlord cancels the court case, only to find the tenant doesn’t move out and you have to start all over again and still lose rent.
