"The Nightmare on Elm Street" a continuing saga!!
Campaigning and Policy

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31 Posts
15 years ago
Hello All,

Here is the update of the Nightmare Saga, if anyone can identify an errors in the solicitors advice please let me know as we are not happy with the firm used. Prior to the hearing we were advised that the tenants would not be required to attend the hearing because of their failure to defend the earlier court proceedings (order for possession)). Following a court hearing I was given a possession order on my property on 12th August to which the tenants did not attend but I was informed by our solicitors that a court bailiff would be required to evict them, our solicitor asked us if the tenants had attended, to which I reminded them of the earlier statement made, i.e. they would not be required to attend. Our solicitor informed us that the bailiff would need to be a county court bailiff from the county court that issued the possession order, & we would not be allowed to use a private bailiff or company. It was explained to us that due to the current economic climate the bailiffs were extremely busy & we may be required to wait up to ten weeks. The possession order would be sent to the tenants telling them the property order gave my wife & I possession of the property as of 12th August 2008. A while later we received a letter stating a bailiff would attend the property on 11th Sept. 2008 to evict the tenants. I contacted my solicitor & asked if the tenants would be notified of the eviction date answer yes. This made me extremely angry as they owe us approximately £5,400.00 in back rent & solicitor’s fees & that the tenants had point blank refused us payment since March of this year after a measly payment of £70 between January & February 2008, & now they were being told they could continue to live in the property for another month rent free, Aaaaaaarrgh. Two days prior to eviction we received a telephone call informing us that furniture was being removed from the property we were given a list of the items taken which included a tumble dryer & fridge freezer which were part of the inventory that we had placed in the property. We attended the property & confronted the tenants who explained that the items were still in the property. We called the police who explained things to them & confirmed the furniture that should be left in the property according to the inventory. On the day of the eviction the bailiff allowed us to force entry as we were unable to use any of our keys. We also established that seven items of furniture from the inventory had been removed including that which he had agreed with the police, would remain within the property. Once the locks were changed & initial steps to clean up the mess we reported the theft to the police, who stated that an arrest was imminent. The condition of the property was disgusting, each carpet was hoovered five times prior to being shampooed, & further cleaning is required, a total of 34 full black bin bags were removed from the garden of the property, the garden had been transformed from a gardeners dream to an absolute nightmare. The garden was well kept originally with one side consisting of a herb garden, shrubs & flowers. The opposite side of the path was divided into several sections i.e. a vegetable garden, adjacent to a small lawn with solar lights, adjacent to a superb greenhouse which was adjacent to a garden shed. At the top of the garden there are three brick sheds. On possession of the property the garden path was hidden by overgrowing grass, & the entire garden was overgrown & full of dog mess. Inside was dirty underwear an enormous number of debt letters. It has taken us 3 days to get the property into a reasonable condition. The smell was so overpowering it made us heave; we cannot believe anyone would want to live in such squalor but to let it get into this condition when it was so nice when they moved in. We have established that no payment has ever been made to any of the utility companies during their occupancy, & the property contained numerous debt letters for quite large sums of money. Anyway we hope this information is of some assistance to someone. DO NOT LET THIS HAPPEN TO YOU. Please feel free to comment & advise on this story, maybe someone would wish to advise on the merits of recouping some of the lost finances & any action that may help us. In the meantime we are so relieved to have ownership of our property & need to let it out as soon as possible in order to balance out our financial losses, even though we will never get it back at least the rot can now be stopped.

On behalf of my wife & I we would like to thank all those who have read, given your stories, & advised us throughout our ordeal. We will add to the Nightmare story even if it is positive.

Tom Forbes

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