Bailiffs right to enter? Please advise!

Britman

Hi everyone,
This is my first post and my best chance of finding a solution to a little trouble that is brewing. I wasn't sure where to post this.

I live in a one bedroom flat that is part of a converted house, there are three flats in total, A, B and C. I've lived here for nearly 5 years.

Now the landlord pays the utility bills, electric, water and council tax, I'm on a meter. Yet for things like TV, phone and all other transactions, I am billed personally addressed to me at 3a.

Now for the possible future trouble with bailiffs.
There have been a few letters delivered, by hand, to someone that have never lived here for as long as I've been here anyway. Knowing that no one of that name currently lives here I open one, low and behold it's from the courts demanding money for council tax. Which is odd as the landlord pays that, anyway.
Thing is the address on these letters is 3 and not 3a, 3b, or 3c.
What's worrying me and the other tenants is what happens should the bailiffs turn up with a court order? Will they only be able to gain access to the communal entrance/hallway or can they enter all the tenants flats? Will the court just class it as one house as it appears on the council tax?

I don't want to return home from work to find some bailiff has taken my things.

Where do we all stand?

thank you.
Mark.

LinasPilibaitisisbatman

Return the letter as not at address.

Why do people think they should open mail sent to wrong addresses then create hassle about it.

Britman

LinasPilibaitisisbatman wrote: »

Return the letter as not at address.

I will do that. But I've also been told that is a classic trick of the fraudster.

Why do people think they should open mail sent to wrong addresses then create hassle about it.

I tend to agree, but this doesn't alter my situation. Only now I'm aware that bailiff could turn up any day.

LinasPilibaitisisbatman

A bailiff won't be able to turn up and enter a property were they have the wrong address.

vikingaero

Is it possible that your Landlord hasn't paid the Council Tax?

LinasPilibaitisisbatman

vikingaero wrote: »

Is it possible that your Landlord hasn't paid the Council Tax?

That is the most likely explanation.

Britman

Thanks so much for the quick replies.
I've asked him that and he says he has. The name on the letters isn't the same as the landlord, otherwise I'd have passed it on.

None of the other bills the landlord gets come to this address, they all go to his business address.

At present I'm more worried about bailiff and if they have a right to force entery and if so can they gain entry to each flat.

vikingaero

Very few bailiffs can force entry unless the debtor has signed a walking possesion agreement. You do not have to open a door to a bailiff either.

In your case it would be easier for you to open the door, show the bailiff ID or the tenancy agreement to prove you are not the guy they are after and that's it.

Bailiff help here:

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

victoriav

Hi Britman look on here.....http://www.bailiffadviceonline.co.uk/

Also do not ever trust a bailiff......they are a law unto themselves, working to 17th century practices, which usually goes unchallenged...

Good luck, speaking from personal experience, I would not be suprised if they went in and took stuff and the next thing its in an auction....they do tend to shoot first and ask questions later..

Good luck anyway, and do not hesitate to prosecute if they do enter your flat 'by mistake'.....

The_Pedant

Thinking ahead, in case they do turn up, is there any clear indication that the house is indeed 3 separate flats now? i.e. 3 separate doorbells etc, or any other indication?

I'm just thinking if they do turn up, it's another point of defence ... "Ummm ... number 3? Nope, we've got 3A, 3B, 3C. Look!" *points*

Ok, baliffs are a law unto themselves at it may carry little weight, but it'd certainly carry weight if you had to take it further I'd imagine.

Britman

There is a door bell intercom/entry system that gives access to main front door and then 3 more doors leading to each flat.