Property visited by bailiffs seeking ex-T; can I bar them?

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  • Property visited by bailiffs seeking ex-T; can I bar them?

    Discovered a note for an ex-T through the door from the baliffs.

    They threaten, as I guess they always do, to return an obtain access to remove property.

    Do they have rights to break and enter to remove property?

    If I happen to answer the door to them, and tell them to go away as they've got the wrong man, will they?

  • #2
    Originally posted by Telometer View Post
    Discovered a note for an ex-T through the door from the baliffs.

    They threaten, as I guess they always do, to return an obtain access to remove property.

    Do they have rights to break and enter to remove property?

    If I happen to answer the door to them, and tell them to go away as they've got the wrong man, will they?
    I don't know but I expect it would help to be able to prove your identity at some point, and a copy of your tenancy agreement showing dates of your tenancy might help, too.

    It would be nice to think they couldn't just barge in and take out the furniture, wouldn't it?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      as I understand they can only enter if invited. However I have had walking possession notices put on a vehicle which I owned even though it was not my debt. They would just not believe me (yes madam, everyone we visit says it is not them...)
      Unshackled by the chains of idle vanity, A modest manatee, that's me

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      • #4
        I had a similar problem so I told my tenants to have a copy of their tenancy agreement and some ID to hand for if the bailiffs returned.

        I told them to pass on my name and number (as the landlord) and I did get someone (perhaps from the police) call me and I just explained that the guy had left and that seemed to work. The man who called me said he had a warrant for the arrest of the guy though, they weren't after taking his stuff. (He was still getting a lot of mail from creditors and debt collection companies so he had obviously just done a runner.)

        I also wrote a snotty letter to one company who were threatening to send bailiffs round, as when I phoned them up to say the man didn't live there any more, they were really rude (obviously didn't believe what I was saying). With the letter, I sent them an invoice for my time and said I would charge them for any future letters that I have to write (got that advice from this website). As would be expected, they didn't pay the invoice but I didn't get any more letters from them and as far as I am aware a bailiff never turned up. (Unless he did and the tenants never told me.)
        I'm trying to raise awareness of Myotonic Dystrophy, Pre-implantation Genetic Diagnosis (PGD) and In vitro fertilisation (IVF). Follow my PGD blog and please pass it on to any one you know who has an interest in PGD or IVF.

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        • #5
          Originally posted by arusha View Post
          I had a similar problem so I told my tenants to have a copy of their tenancy agreement and some ID to hand for if the bailiffs returned.

          I told them to pass on my name and number (as the landlord) and I did get someone (perhaps from the police) call me and I just explained that the guy had left and that seemed to work. The man who called me said he had a warrant for the arrest of the guy though, they weren't after taking his stuff. (He was still getting a lot of mail from creditors and debt collection companies so he had obviously just done a runner.)

          I also wrote a snotty letter to one company who were threatening to send bailiffs round, as when I phoned them up to say the man didn't live there any more, they were really rude (obviously didn't believe what I was saying). With the letter, I sent them an invoice for my time and said I would charge them for any future letters that I have to write (got that advice from this website). As would be expected, they didn't pay the invoice but I didn't get any more letters from them and as far as I am aware a bailiff never turned up. (Unless he did and the tenants never told me.)
          Useful advice, arusha - cheers. I suppose, given the nature of their job, they risk developing a fairly jaundiced view of all humanity.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          • #6
            My dear chaps, I hold the f/h...

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            • #7
              Originally posted by Telometer View Post
              My dear chaps, I hold the f/h...
              Oops - sorry. Of course you do. (I assumed you were the new tenant. I'm not psychic).

              So - whack 'em round the head with your title deeds, my good man!
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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              • #8
                you do not have to answer the door to the bailiffs, however in your case it is probably wise to do so so that they dont pester you again.

                show them your driving licence and also a copy of the letter from your solicitor that confirmed you had completed on your purchase.

                should be enough to get rid of them
                PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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                • #9
                  This situation arose in the building where I have a flat. Tenants from the flat above had gone back to Poland. Amongst the mail lying around I noticed a letter addressed to them with big red boxes and saw the word "bailiff" through the envelope window. Not wishing to have bailiffs breaking down the main door etc. etc. and also having visions of the new tenants of the flat above (also a Polish couple) trying to explain that they were not the subject of the letter, I opened it. I wrote to the firm explaining who I was and informing them that the people concerned in the letter had returned to Poland and the date they left. Didn't hear any more from them.
                  Mrs Jones
                  I am not an expert - my posts are my opinion and should not be taken as fact!!

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                  • #10
                    Originally posted by Mrs Jones View Post
                    This situation arose in the building where I have a flat. Tenants from the flat above had gone back to Poland. Amongst the mail lying around I noticed a letter addressed to them with big red boxes and saw the word "bailiff" through the envelope window. Not wishing to have bailiffs breaking down the main door etc. etc. and also having visions of the new tenants of the flat above (also a Polish couple) trying to explain that they were not the subject of the letter, I opened it. I wrote to the firm explaining who I was and informing them that the people concerned in the letter had returned to Poland and the date they left. Didn't hear any more from them.
                    They gave up easily, then...although from what people have been posting (on this forum) recently about the species, I am coming to the conclusion that the modern bailiff is no longer the muscle-bound, Desperate Dan lookalike of popular mythology, so much as a weedy little bureaucrat who'll do anything for a quiet life and is quite glad when reprobate tenants don't answer the door.

                    Unfair to bailiffs, I hear the cry go up. (Or do I?)
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                    • #11
                      One of my tenants has contacted me several times over the last 3 years because of creditors chasing the previous tenant, and I've told him to give them my contact details to get the (last known!) address of the former tenant (they left owing me money too so I'm happy to pass it on!).

                      It's worth checking your credit record if this happens, as bad credit attched to your address could become attached to you.

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                      • #12
                        >>It's worth checking your credit record if this happens, as bad credit attched to your
                        >>address could become attached to you.

                        This is a myth. Only if the previous resident were also called Caroline7758.


                        The notice referred to "obtaining entry by legal means". I guess this is through the open front door, and merely a threat?

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                        • #13
                          [/QUOTE]The notice referred to "obtaining entry by legal means". I guess this is through the open front door, and merely a threat?[/QUOTE]

                          Powers of entry are subject to case law. Only peaceable entry is allowed. Bailiffs cannot force entry to Residential property. IIRC peaceful entry can include entering an unlocked door or climbing through an open window but not booting down the door an putting resident in full nelson while mate rifles the property
                          Always double check advice... not just mine!

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                          • #14
                            So how much power does a court balif have? If you have judgement against someone via MCOL and then pay to get the court bailif round and all the tenant has to do is not let him in (and been pre-warned by the court) it seems pointless.

                            Or am i missing something??

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                            • #15
                              no your not missing a lot!! To be fair it does depend on what the debt is owed for and the powers of entry are stronger for commercial property.
                              Always double check advice... not just mine!

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