Bailiff for Landlord and Eviction ?

notafan

I have an assured short hold tenancy. My landlord has stopped paying the mortgage properly, I have had letters for him and the guarantor every month for the past 6 months. It normally gets paid although this month only £50 was paid – pointless really because every time it’s missed he’s charged £40.
The inland revenue are also sending a county sheriff bailiff to take possessions for an unpaid bill.

My question is firstly if someone does start knocking i.e. a bailiff how can I prove that stuff that is or isn’t mine (I don’t care if they take his stuff more worried about mine). If they do take his stuff what’s the situation with regards informing someone, we have a letting agent as he isn’t in the country.

Secondly if the worst comes to the worst and he doesn’t sort out paying with the bank (recently saw a statement which says it’s been late 8 out of the past 12 months, although it is normally back up to date) what happens, how quickly can the house be repossessed and how quickly could I be forced to leave? I can’t understand why it’s not getting paid because my rent is about £200 more than the mortgage amount required every month!
How would I know that was going on? At the minute I only have a vague idea because the bank keep ringing and have received a couple of letters.

I want to leave but cant afford to right now but if people start knocking asking for stuff then what?

Jowo_2

Can't answer the info on bailiff's though having the AST to hand to show them that you live there if they call should help, I imagine.

if you want to understand how lenders treat tenants when the landlord's property is repossessed (which depends on whether they had permission to let the property from them), read the section on the Shelter website that details this.

Jowo_2

By the way, if the property is in England/Wales, has your deposit been protected in a tenancy deposit scheme?

Fire_Fox

Are you opening the landlord's post and/ or have the bank discussed anything related to the mortgage shortfall with you?? Does the landlord have consent to let from the lender (sounds like he does not)? The letting agent works for the landlord, you should put your concerns into writing to them and ask for immediate action.

If a bailiff visits do not let them enter the property, close doors and windows, keep a copy of your tenancy agreement and some ID near to the door, do not sign anything under any circumstances. If a bailiff continues to harrass you in any way just call the police - you do get a few rogues that will tell bare faced lies to get into the house so they can do a walking possession.

GDB2222

Is the flat furnished? If so the bailiffs can take the landlord's furniture, which will make your stay very uncomfortable. The simple answer is that this is your home and you are not the debtor, so DO NOT ON ANY ACCOUNT LET THE BAILIFF IN. Do not leave the door or windows open, either.

how can I prove that stuff that is or isn’t mine

You don't need to prove anything. You just tell the bailiffs which stuff is yours. But, if you don't let them in, the situation does not arise.

notafan

A woman who lives by has brought some letters over as she has the same house number (ie 14A vs 14B) and said that she'd opened them by mistake. To be honest shes really nosey but I'm glad!

Although more have arrived they are still unopened although it has a logo on from the bank that keeps ringing continuously.

Had a look on shelter but its not being repossessed at the minute just they chasing the landlord for money and its the tax man sending bailiffs. Can the tax man force bankruptcy or repossession of the house also?

Yes the deposit is in the DPS scheme.

Do i just sit it out and see. How would i be made aware? I mean currently technically i shouldn't know anything which is a bit worrying. I dont wanna get up one morning to have like a week to get out (especially if i've just paid a months rent)

notafan

and i thought i read somewhere or maybe heard it that certain bailiffs can break in?

Milliewilly

I believe HMRC have pretty hefty powers in gaining access whether you give permission or not.

SouthCoast

Information from CAB on bailiffs:

http://www.adviceguide.org.uk/index/d_bailiffs.pdf

Fire_Fox

As I asked, does the landlord have consent to let? Have you told the bank who you are when they ring?

Everything about bailliffs here, this is Herbie21's site and recommended by the DFW board:
http://www.bailiffadviceonline.co.uk/bailiff_facts.htm

SouthCoast

Fire_Fox wrote: »

As I asked, does the landlord have consent to let? Have you told the bank who you are when they ring?

Everything about bailliffs here, this is Herbie21's site and recommended by the DFW board:
http://www.bailiffadviceonline.co.uk/bailiff_facts.htm

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