Operating a rental property business bears the risk of having tenants who pay late, behave badly, and stop paying altogether without the intention of moving out. Dealing with tenants like these can hurt your business, not only because of their delayed or missing payments but also because they could affect your other tenants. For example, if you own an apartment complex, and one tenant frequently causes a problem, then your other tenants will feel disrupted and uncomfortable.
Another unpleasant scenario is when travellers linger in your property without permission. If your rental business has been suffering from both unruly tenants and travellers, you might resort to eviction. A bailiff can help you overcome this ordeal through their services, including process serving and repossession and traveller eviction.
How to Evict a Tenant
If a tenant is adamant on staying with no regard for their overdue payments, then legal authorities can start to get involved. You can’t simply lock a tenant out of their rented home, just in case that idea has crossed your mind.
First, you have to issue an eviction notice to your tenant. The notice should give your tenant the option to pay or move out on or before the specified deadline. If they refused to do either past the deadline, then you may ask to be issued a “warrant for possession” from your county’s court. After being issued this warrant, a bailiff can come to the tenant’s rented home and evict them.
You also have the option to transfer your warrant to the High Court and be issued a “writ of possession.” To do this, you first have to be granted permission by your county’s court. After being issued the “writ of possession,” a High Court enforcement officer will evict the tenant.
Tenants have the right to ask the court judge to delay their eviction if they can pay their long overdue debts. They can also ask to have their payments changed, depending on their situation.
How to Evict Travellers
Travellers don’t always cause trouble and they can even be open for negotiation. But on the other hand, if they pose a threat to the community in your private property by behaving badly and using intimidation, then as a landlord, you have the right to evict them.
Before resorting to legal means, try to talk to them and inform them that they’re actually staying on your private property. With an amicable negotiation, they may be willing to leave peacefully. However, if they insist on staying and you have proven that they’re indeed a threat, then you can consult your solicitor who may advise you to involve bailiffs. You’d also need a “warrant for possession” before bailiffs can exercise their power to evict unruly travellers.
Bailiff Powers
As mentioned, bailiffs have the authority to evict unruly tenants and travellers. They are legally permitted to force entry into a sued person’s home, but only as a last resort. They can take that person’s properties and sell them to cover their unpaid debts. But their powers come with limits, too.
They aren’t allowed to forcefully enter a person’s home right away. They also cannot enter if only a disabled person or minors below 16 years old are inside the house. There’s also a time restriction between 9 PM to 6 AM, wherein they aren’t allowed to enter a home. Lastly, the only way they can enter, even forcefully, is through the door.
As a landlord doing business peacefully, you value security. If anyone tries to trample with it, you should know that you can always count on legal authorities to have your private property protected at all costs.
