Bailiff Coming For Previous Tenant

[Deleted User]

Hi folks

Okay, so I moved into my place in February, which I know was empty for at least a couple of weeks prior. Lots of letters came for a previous tenant. I've always returned them to sender, but that doesn't seem to make much difference. A while back a chap who said he was from the court actually visited, took note that I'm here now, and said that'll save me some hassle.

Anyway, recently I decided to start opening these letters to see what's on the horizon, and a bailiff has stated they will be visiting. Not intention to if such-and-such isn't paid; they're coming.

I know that it should be as easy as just showing them my council tax bill and tenancy agreement, but I'm apprehensive of aggro and stomping into my home before I've had a chance to get rid. Wondered if anybody's got any experience of this and can reassure me that the bad reputation is an urban myth.

FireWyrm

The bad reputation is *largely* an urban myth. However, I did once have an upleasant experience with a couple of large gentlemen who banged on my door one night. They insisted I was Mrs XX and that it was my job to prove otherwise. After some shouting (I had a bad day with a sick baby), I essentially slammed the door in their faces. I heard nothing more from them. Basically, 'debt collectors' have no more right on your property than the paper boy. Baillifs are another matter and you should prepare yourself to co-operate with one of those if necessary, it will save time and effort in the long run.

Bottom line, dont be intimidated and dont forget, the onus of proof is on them, not you.

[Deleted User]

Okay, so if it's actual bailiffs, I've got to let them in if they demand it?

I was planning on telling them to wait at the door while I fetch council tax bill and so on, and if they tried to force entry, object to and deal with it. The thought of having people inside when it's nothing to do with me makes feel icky.

FireWyrm

No, dont let them in. Just co-operate. State that you are not the person they are looking for and to move along. If they push it, show them your driving licence and tell them to push off.

They have no right of entry into your house. The warrant they have will have another name on it entirely. All you have to do is prove you arnt the person and its as good as garlic. They cant *force* entry and if they do, they better have a flipping good reason for committing criminal trespass.

NatNat1977

I had a few of these from the previous tennant in my flat before me, I ended up opening them too. We just called and explained and most were fine, there was one that were a bit funny at first but when we proved it wasnt us they were fine. They cant take your stuff it isnt your debt!

[Deleted User]

Okay. Hopefully the fact I'm female and the person they're pursuing isn't will help! They could always ask if he lives here though.

Should I not bother with showing bills and the like to prove he doesn't live here then, just say he doesn't and that's enough?

[Deleted User]

NatNat1977 wrote: »

I had a few of these from the previous tennant in my flat before me, I ended up opening them too. We just called and explained and most were fine, there was one that were a bit funny at first but when we proved it wasnt us they were fine. They cant take your stuff it isnt your debt!

I did contact one debt collector who'd started talking heavy, to say the tenant was long gone, and to check the electoral roll as myself and my partner's names are on it now. They said I had to prove it, and I told them to do what I thought is their own job.

I guess at least this is a straightforward case. If it's someone who does live with you, I imagine it's quite difficult to deal with.

FireWyrm

State that the person they are looking for is not known to you, is not a relative and indeed is nothing to do with you. Comply with reasonable requests (from court appointed bailiffs only) for evidence of identity and request that your address is removed from their records and you are not bothered again. That's all.

[Deleted User]

Alrighty. Thanks for your input. Fingers crossed for no nastiness...

rosiesposies

I have had this issue with bailiffs as well.

I got sick of all the letters so opened them all, faxed copies of current utility and council tax to all and forwarded the address of the letting agency they were with.
They were pretty serious, many were for petrol station run offs, parking tickets and so forth.
I have a note on my door as well stating 'no longer any residents with surname XXXXX'. a bit tacky but saves me hassle, at least for a year or so till they stop calling round! luckily my posty is a great chap who knows every house by name so doesnt even bother posting thru any letters for the ex tenants anymore.