Question re Baliff please

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    Question re Baliff please

    A baliff arrived out of the blue today to see my lodger regarding his council tax debt from his previous place of abode. The baliff tried to make an inventory of all my stuff to take it to clear my tenants debts!

    I has no idea this was happening until the conversation took place in my kitchen.

    I asked him to leave but he refused. I insisted strongly and requested the police attend..he then stepped out of thefront door but remained on my land. Eventually he took an inventory or my lodgers property only, had him sign it and finally left after several hours of stress I just dont need.

    I want my lodger out, this event is the staw to break the camels back as he has a prolonge dhistory of late and shortfall rent payments...and i no longer feel i can trust him.

    The baliff insisted he can take away my property which i find out rageous.

    Is that true? He said i had to provide receipts for all my property or he would assume itbelonged to my tenant...I dont hav ereciepts forevery item in my home.

    I am going to see the CAB tomorrow but does anybody here have any expoerience of this and any suggestions/help?

    Thankyou in advance.

    #2
    No the bailiff cannot take your property if you are not the debtor. Surely the errant lodger's property is in his/her room? If not show receipts. The bailiff will only be interested in saleable items.

    Ask the lodger to leave with their goods.



    Freedom at the point of zero............

    Comment


      #3
      The bailiff is lying to you so that you pressure the tenant into paying up.
      The bailiff isn't going to be interested in taking property, as they have little to know value, so they lie through their teeth to cause concern.

      You do not need to provide receipts to prove that the belongings are yours.

      Give your tenant notice to leave, and do not allow the bailiffs back in the house.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        As per previous posts, the bailiff is unable to take anything not belonging to the lodger. If he tries to take anything belonging to you, call the police immediately. Chances are, it's all noise just to intimidate the lodger. It usually works as the lodger is in the wrong and needs to resolve the issue. Last thing the lodger wants is a civil claim against him by you for distress/loss/etc.
        I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

        Comment


          #5
          Thankyou all very much, most helpful and that is also what the CAB said this morning pretty much.

          Comment


            #6
            Could I ask one more question please...now i am going to give the tenant notice to leave at the end of the monthly rental period (we have a tenacy agreement saying monthly rental periods with no obligation on either side to renew) is there a standard form/template for the notice letter i need to write? Or is it a case of just writing a letter and including certain things..if so which things?

            Many thanks again.

            Comment


              #7
              Can you confirm that the tenant lives with you in your house.

              If so, there is no statutory format to give him notice.
              Just make it clear in the letter that you require him to leave by "x" date.

              No need to give reasons why you are doing so.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                yes he lives with me in my house.

                Comment


                  #9
                  Then he is a lodger, not a tenant and normal AST does not apply (these agreements are for tenants who rent the whole property). Lodgers have few rights and can be asked to leave at very short (but reasonable) notice. What the reasonable notice is depends on the circumstances - I have seen 24 quoted, particularly where lodger is violent or abusive and the live-in LL fears for their safety or that of their property. However, now you have given him a written agreement giving a 1 month notice clause, you may be bound by it - others more qualified that me should comment here.

                  You do not need to give him a specific format notice document, just a letter stating when you want him to leave. If he fails to leave by that date, you are entitled to change the locks when he is out and not allow him back in. His possessions can be bagged up and passed out of the door (do not allow him in to collect them). Keep a copy of the written notice letter, as proof his notice has expired, incase things get nasty and police have to attend.

                  If you take another lodger in his place, look for a lodger agreement next time, to avoid making things more complicated than necessary.

                  Comment


                    #10
                    If bailiff turns up again take his photo, ask him to put letter saying who he is from & what debt he is chasing through letter box, if he won't go when asked call the Police.

                    These guys are scum... do not let him in..
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      Originally posted by theartfullodger View Post
                      If bailiff turns up again take his photo, ask him to put letter saying who he is from & what debt he is chasing through letter box, if he won't go when asked call the Police.

                      These guys are scum...
                      Steady on Artful; whilst this Baillif (I suspect he was more likely a debt collector), sounds OTT, he is only doing his job.

                      However, I do agree that OP should verify who this person is, and should actually refuse to let him or any other similar callers into the house at all, as is his right as the house-owner and not the debtor in question.

                      Comment


                        #12
                        Originally posted by theartfullodger View Post
                        If bailiff turns up again take his photo, ask him to put letter saying who he is from & what debt he is chasing through letter box, if he won't go when asked call the Police.

                        These guys are scum... do not let him in..
                        Indeed, there is a clear difference between bailiffs and general debt collectors. Bailiffs follow strict protocols and are ususally on side with the landlord who has gone through all legal due process. Bailiffs, in the case of property possessions, are there to regain the bricks and mortar for landlords and are rarely interested in personal possessions as they are usually well below debt value and hard to sell.
                        Debt collectors can be a different animal. There are many good ones out there, but many are also thugs whos primary role is to intimidate the debtor into finding cash and parting with it.
                        As a general rule, always check the ID, call their office if needed. Ensure you know what debt they are chasing (the debtor may be under a DRO with excluded debt) or multiple creditors may be requiring payment. You wouldn't want to pay off the satelite provider if your landlord is demanding rent (a home is always a good thing to have, TV you can live without).
                        LesleyAnne's advice is textbook. Take it.
                        I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

                        Comment


                          #13
                          ha ha ha ha... Do not tarr us all with the same brush, I have occasionally (admittedly not very often)been told I'm nice

                          Comment


                            #14
                            OK guys, how about "Unlicensed debt collectors masquerading as official bailiffs and unlawfully harassing debtors are scum: If one turns up take his photo, ask him to put letter saying who he is from & what debt he is chasing through letter box, if he won't go when asked call the Police."

                            OFT Guidance for consumers on debt collectors here...
                            http://www.oft.gov.uk/about-the-oft/...lection#named5
                            Their downloadable .pdf here...
                            http://www.oft.gov.uk/shared_oft/con...it/oft1299.pdf

                            The debt collector should NOT:
                            • contact you if you have asked them to speak to someone representing you
                            • visit you at inappropriate places such as your work, unless you have told them they
                            can
                            • harass you by calling you frequently or making threatening statements or gestures
                            • send you letters that do not clearly let you know who they are and why they are
                            contacting you
                            • pressure you into selling property or borrowing money in order to pay your debt
                            • pressure you into paying in full or in large instalments
                            • pressure you to increase your payments to more than you agreed to in your
                            repayment plan
                            • add collection charges to your debt, unless you agreed to this with the people you
                            borrowed the money from (any amount they charge you should be based on actual
                            costs caused by the collection of your debt)
                            • threaten to give the details of your debt to others unless they are allowed to by law
                            or tell you that they can take legal action when they actually cannot
                            • make you think that they are bailiffs. Debt collectors do not have the same legal
                            power as bailiffs and cannot force their way into your home or seize your
                            possessions.
                            The legislation is pretty clear, Admin of Justice Act 1970 s40...
                            http://www.legislation.gov.uk/ukpga/1970/31/section/40
                            40 Punishment for unlawful harassment of debtors.
                            (1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
                            (a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
                            (b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
                            (c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
                            (d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
                            - that's offence as in "Criminal Offence".

                            I'm sure no member, be they landlord/agent/tenant/bailiff/whatever would ever harass a debtor..

                            Cheers!
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              If it's for Council tax he will be a Certificated Bailiff or an employees of the Local Authority not a Debt Collector.

                              Comment

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