What If A Tenant Won't Leave On Eviction Day ?

[CW1]

Hi,
Looks like tenant has finally paid the outstanding rent
http://www.theanswerbank.co.uk/Law/Question1363840.html
though he hasn't confirmed (unlike when he paid part of it last week) & I don't recognise the name on the deposit so will hang fire on cancelling the legal action just yet.
His e-mails etc. to me have generally been very apologetic, full of excuses & broken promises but his last one (before this amount was paid) is quite threatening. That's got me thinking he may not leave when the check out clerk visits (I assume he's s'posed to though the letting agent hasn't confirmed, but makes sense to me). What do I do if he won't even open the door to that clerk ?
A police friend of mine (though he's new & part time) has spoken to his sergeant & says they can get him out for trespass but that seems "too easy" & was before I was thinking he may not even open the door. Breaking the door down is a bit more intense than escorting him off the premises !

[Buenchico]

This page, from the housing/homeless charity, Shelter, is written from the tenant's point of view but it still covers the situation you describe:
http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/the_steps_involved_in_evicting_private_tenants

[CW1]

Thanks Buenchico. That's what I thought but then the police said they're prepared to escort him off the premises :/ I'm e-mailing the letting agent with this, will see what they say. Probably not a lot, as has been their way over the last few months.
That website does confirm also the controversy of "quiet enjoyment". The tenant's threatening to sue me now, for not carrying out repairs (which, in the main, are damage of his own doing, proven by Visit Inspection Reports), but the letting agent meantime have flatly refused to ever give me keys or visit themselves to allow me access. To my house *sigh* The contradictions ! I'll be SO glad when this whole sorry mess is over & the house sold, but by the sound of it, it could be a LONG way off yet ! :((

[CW1]

I'm not going thru' this again methyl, but thanks for the advice !
The tenant hasn't changed the lock but he can bolt it from inside so the check out clerk won't be able to get in with the keys the letting agent have. I am arranging a locksmith to be there on the day but until I know he can get access, I can't even confirm that.
I have a record of my (few, but necessary !) visits in the form of e-mails, before the original letting agent sold out to this motley crew, and I've only got access by the tenant actually being there since, and he's SO unreliable. I completely wasted a day (not to mention the MILES) not so long ago when he was s'posed to be there to let a painter in & didn't show.

[CW1]

And it's embarrassing ! When I was arranging quotes to have a new boiler fitted, I staggered the appointments obviously, but because the tenant was late, all the guys ended up there together, exchanging notes. Humiliating !

[Peter Pedant]

shape up CW - it is not as tho boilermen dont know that they are in a market and have to compete....

I have nt read Chris BuenoChico bit but it is all standard.
Hi BC ! I do this sort of thing in my sleep

known facts
you cant do anything in anticipation of staying over
you have to wait until he does
The police know diddly squat about civil procedure and law and shouldnt have given an opinion.
You should have been told you can evict by going in with a shotgun
you have to get a court order.
this is now done thro PCOL - you cant start until he has over stayed.

If he has paid the rent it is very likely he will leave
[ or else he wouldnt have bothered - he just would have stopped paying and carried on staying ]

Changing the locks is a bit sporting - £200 a throw.

so you just have to wait and see
repost if he stays

If you have issued a MCOL and possession claim
already ( cost £100 ) I think let it run until he is out

if he has paid up and you have nt applied for possession ( see above )
you have to cease the action because at present he doesnt owe you anything ( unless he does ) - and the action is based on loss ( and not future loss )

[Peter Pedant]

eek ! cant evict with a s/g

CANNOT evict with a s/g

sorry bit of a bad mistake there

[themas]

Take note of what PP says - the police cannot act on this. It's not clear what legal action you have so far taken, but if it is just to give the required 2 months notice then you can't evict him if he stays - you must apply to Court for a warrant.

And you can't change the locks to lock him out either. He is of course liable to pay rent until the date he actually goes.

[CW1]

Update ... he paid the rest of August's rent & I've marked the MCOL claim as paid & called them to confirm, but I've just been told by the letting agent he's refusing to leave as he reckons he needs more time to get packing done, etc - he's had since 8 July ! They're trying to find out when he *will* go before they instruct me to get a Possession Order, but he's being allowed to dictate this whole situation :((