PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Can we arrange when the bailiffs visit?

2»

Comments

  • theartfullodger
    theartfullodger Posts: 15,724 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 August 2015 at 6:41PM
    A charity eh & expert in betting?? Do please let us know which charity so we may see the financial figures & can check the pure-as-driven-snow behaviour which must be the case.

    Is your solicitor an expert in landlord/tenant law?? There are many fine solicitors out there good at divorce & conveyancing but perhaps lacking a bit in LL/T stuff.

    Tenant(s) can mount an appeal up to the time the bailiff walks up the path.

    However (I mean no offence by this, it sums the case up nicely..) even the most stupid landlord eventually evicts using s21: May need several attempts, but thanks to Thatcher the landlord winds...

    Getting the money owed back is a separate matter, usually.

    What references will you be providing??
  • silvercar
    silvercar Posts: 49,738 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Providing better or effective support and being aware of the high risks of renting to this population group would perhaps have been more beneficial to the charity. Having action plans to prevent high arrears would have helped too (including having housing benefit paid direct to yourselves).
    No. These were homeless people, with no money.

    Providing temporary homes to people on the street is generally viewed as a good thing to do. If it doesn't work out and results in an eviction, that is sad, but doesn't mean that charities shouldn't provide homes to bring people off the streets.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • jobbingmusician
    jobbingmusician Posts: 20,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No alternative to eviction if you need to sell the properties to continue.., but to drool over their TV or whatever whilst evicting them (which you'd only get a pittance for at auction if the bailiffs can even take them) is not really what I'd expect a charity to do. Whilst of course, making sure the bailiffs don't take what belongs to the charity.

    Providing better or effective support and being aware of the high risks of renting to this population group would perhaps have been more beneficial to the charity. Having action plans to prevent high arrears would have helped too (including having housing benefit paid direct to yourselves).

    But deciding to take belongings off previously homeless people.., as a charity.., kindof questionable. Better to question what went wrong within the charity's own set up. Because a lot did.

    Who said we were taking their belongings? I think I actually said
    Our objective is simply to protect the contents of the flats which belong to us, so that we don't have to do something stupid like paying the bailiffs to return our property.

    Thank you to those who have given sensible answers and actually taking the trouble to read the posts properly.
    Ex board guide. Signature now changed (if you know, you know).
  • OK, cruel landlord writing here. Before you condemn me, here's the background.



    The tenants owe us money - am I right in thinking bailiffs will take goods? We want to work WITH the bailiffs (remember that we are talking to our tenants and know they need to be evicted, although it is an awful process) and we need to ensure that our own possessions in the flats are not seized. Any advice?

    Having read your initial post properly.., you suggested the tenants owed YOU money and could the bailiffs take goods (the right good, not the charity's goods of course). I'm not sure why you would be concerned the bailiff's would take goods unless you were preparing to instruct them to do so to repay you monies owed.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    No alternative to eviction if you need to sell the properties to continue.., but to drool over their TV or whatever whilst evicting them (which you'd only get a pittance for at auction if the bailiffs can even take them) is not really what I'd expect a charity to do. Whilst of course, making sure the bailiffs don't take what belongs to the charity.

    Providing better or effective support and being aware of the high risks of renting to this population group would perhaps have been more beneficial to the charity. Having action plans to prevent high arrears would have helped too (including having housing benefit paid direct to yourselves).

    But deciding to take belongings off previously homeless people.., as a charity.., kindof questionable. Better to question what went wrong within the charity's own set up. Because a lot did.

    The OP has said they wanted to know whether the bailiffs would seize property as there is property of the charity in the flats and they wouldn't want that seized. They haven't said they actually want any property seized for arrears.

    OP - the bailiffs don't usually seize property as rent is due until they regain possession for you (unless the tenants give notice and leave before this), therefore you won't necessarily know the total outstanding arrears until after. The bailiffs will suggest you arrange a locksmith if you don't have copies of the keys or believe that a tenant may have changed the lock. If they come to regain possession and can't enter the property then you'll have to wait for them to have another date free to try again, and pay for the privilege. If you think there may be a breach of the peace you can let your local police station or safer neighbourhood suite know the time and date the bailiffs will be attending, but if an officer or pcso does attend they'll be impartial and not there to help you gain possession.
    Don't listen to me, I'm no expert!
  • jobbingmusician
    jobbingmusician Posts: 20,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 August 2015 at 8:49PM
    For the record, the tenants are not in serious rent arrears. Their rent is paid by HB paid directly to us, hence my earlier comment about HB incompetence. Since I associate bailiffs with seizure of goods, I was actually concerned that it might be standard practice that they seize goods to defray their own costs and the costs associated with issuing the S21 (which, realistically, will be another cost added to those the charity is likely to have to pay).
    Ex board guide. Signature now changed (if you know, you know).
  • Check with the Enforcement Manager at the county court to see how long the county court bailiffs (CCBs)will be. If the three weeks you mention is true, thats actually not too bad for them, some courts take a lot longer. You will need to apply for a Warrant of Possession once the eviction date has passed - I believe they cost in the region of £110 per warrant. Unless you specifically sued them for the arrears neither CCBs nor HCEOs (High Court Enforcement Officers) can touch the tenants goods - they are simply there to execute the warrant (or writ).

    If the CCBs are going to be much longer, you may apply to the court and ask for leave to transfer to a HCEO under section 42 of the County Courts Act 1983 (it's entirely up to the judge if they allow this though). Once you have this you can instruct a HCEO but they do cost quite a bit more, but they are faster - it will come down to a commercial decision as to which route you take in the end.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Ignore........
    "You were only supposed to blow the bl**dy doors off!!"
  • Ignore what?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.6K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.9K Spending & Discounts
  • 244.6K Work, Benefits & Business
  • 599.9K Mortgages, Homes & Bills
  • 177.2K Life & Family
  • 258.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.