Tenant Eviction (5)

What happens once I get a court order?

It will normally take 6-10 weeks to get the court order, however this can vary from court to court. On application to the court this can be transferred to the High Court Enforcement Officer to attend within 14-21 days.

Can I enter the property to inspect the condition?

It is reasonable that landlord gives notice of no less than 24 hours in writing. What would not be acceptable is simply turning up and letting yourself in as this could be a breach of the tenant’s rights of quiet enjoyment.

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Had a Visit? (7)

Goods seized were tools of my trade

In order to claim the goods seized by an Enforcement Officer are “tools of trade”, then you must make your claim to the court within five days of the seizure taking place. It should be noted that a limited company cannot make a claim that goods are “tools of trade”. An application to decide whether an item is a “tool of trade” can be very expensive if unsuccessful, so such a claim should not be made lightly to the court for a decision to be made.

Goods belonging to someone other than the debtor

The Enforcement Officer will ask you or any third party who claims to own the goods at your property, to provide us with the relevant agreement(s) or proof of ownership, where this is appropriate. Any claim by a third party may lead to a court hearing at which a judge will decide who owns the disputed goods. This is known as “interpleader proceedings”. These proceedings can be costly for the party that loses and so such a claim should not be made lightly. A third party must say, specifically, that they own the goods and be able to back up their claim with the relevant proof of ownership.

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