What are court bailiff's duties.

[jim hare]

I am in the process of evicting a tenant from a domestic property at the moment.I spoke to the court's Bailiff manager to try to change the time of the eviction (no luck).In the course of our conversation he said that it was my responsibility to provide a locksmith to gain entry into the property and that the bailiff would not assist in physically gaining access (forcing entry whatever is necessary).I thought that the bailiff was responsible for this.The Baiiff's manager also stated that if the tenant returned they would not do anything and that would need to get a Warrant of Restitution from the court to get rid of them.This is a possibility as I will be away in Cheshire from before the eviction date to three weeks after it.I will just be returning for the eviction itself.I would be grateful for any thoughts or advice on this.

[justaboutsane]

Court bailiffs

We had a bailiff in a few weeks ago to remove a tenant. Our understanding was that we would need someone there to change the locks etc but we provided the bailiff with a letter saying if necessary he was to use reasonable force to gain entry to the property! The chap stayed less than 5 minutes and was gone, I stayed on the phone with our property manager while he allowed the tenants 30 minutes to clear out. If anything untoward happened I was going to hit 999 on another line!

It was a farce really we paid £90 for less than 5 minutes work... nice if you can get it!

[jim hare]

justaboutsane - Thanks a lot.The Bailiff manager in Birmingham has told me that his bailiffs do not get involved in gaining access ie forcing entry.I am trying to find out whether I can insist otherwise ie whether it IS part of the bailiff's job.From your experience it sounds like it is part of the job.

[cnrsoper]

nope I think it is standard to need a joiner, to force entry. The bailif wears a suit, ie. he is not going to break a door down. It is worth while paying for a proper forced entry if it required, as if you kick the door down then you can be left with a big bill for a new one.

If you expect trouble with the empty property it might be worth paying for a private security firm to secure the property.

[jim hare]

cnrsoper - Thanks.However it sounds like more expense for me.

[davidjohnbutton]

Most times, when the Bailiff attends, he will have previously visited the property to warn the occupants of the eviction, or more likely sent a notice through the post.

Most people will comply, having seen the writing on the wall so to speak, that at the end of the day, whatever they do, they will be ejected fom the house, and that it is unwise to add criminal offences of assault of a bailiff in the execution....etc. to the list. They will go quietly if indeed they have not departed prior to the planned eviction, in which case entry, forced or otherwise, allows possession.

A small minority of people, for political reasons sometimes, will resist the attempt to evict them. The bailiff will call the police to do the physical bit of complicance with the court order - however, the bailiff may well have several evictions, all timetabled, to do that day and will have "issued" that timetable on about an hour for each eviction, so unless entry is forced quickly, and police called to attend resistance, the eviction might have to be put off to another day.

My advice, having attended evictions has been posted on here before:

1. Park car in other street or well away from the subject property.
2. Do not expect the bailiff to do anything other than knock on the door to attempt a preaceful eviction.
3. Have a locksmith or means (jemmy/spare keys etc.) of getting into the property and some means of re-securing it.
4. Wear old clothes just in case you get either into a scuffle or you get anything thrown over you (yes, it happens) and take spare clothing.
5. Call the police yourself immediately the tenant or other occupant threatens or committs violence or resistance.
6. Even if the tenant offers a gold pig to stop the eviction, do not take said pig - get the repossession done - gold pig may not materialise!!!!

In my own experience, the bailiff is not supposed to force entry himself though he/she should be first through the door. However, most bailiffs will help you put a shoulder to the door etc, but be mindful that Health and Safety kicks in on almost everything these days.

[jim hare]

davidjohnbutton - Thanks for your comprehensive and authoritative advice.The gold pig sounds tempting but I will try to resist it.