If Tenant is allowed to collect property after eviction but then refuses to leave?

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David Plato
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Hello everybody,

We have a problem tenant living in our property who is proving extremely difficult to remove. I won't go into details but she's what you might call a nightmare tenant! To summarise the last few months, we've served a section 21 notice on her and obtained a possession order earlier this year. The eviction is due to take place this coming week. and unfortunately despite it getting this far, the tenant seems very unwilling to leave. We are prepared for the eviction but have a few concerns over the aftermath which we would be glad to get some insight on:

  • If the tenant is out, I know the eviction will take place, but then what happens when she gets back? We are concerned that if we let her back in the property, even to grab some things, she will refuse to leave
  • If the tenant is in and is evicted by the bailiffs, what then must we do when she wants her stuff? We are worried that if she gets a foothold back in the property to take her stuff, she will refuse to leave

What is our position here? What happens when an evicted tenant returns for their things and then refuses to leave? Can we legally refuse her entry and tell her we'll move it ourselves or is she legally entitled to enter to remove items herself? But then, where do we stand legally if for instance she barricades herself in? Sounds extreme I know but this is the sort of tenant we are dealing with!

I would be extremely grateful for any input.

27/08/2018 13:31

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