Ducati Sporting Club UK > General > Idle Chat > Bailiffs and the Law

[MJS]

One for the more legal minded amongst us:

I live in a converted warehouse containing 6 flats - between us we own the freehold of the building and manage it ourselves, so we have total responsibility for the whole place.

One of the flats has been let to some less trustworthy types, and now they have left, there is a trail of debt behind them. This has now got to the stage where there is an open letter in the entrance hall (communal mailbox) from the bailiffs saying they will be back with locksmiths to force entry and seize goods to the value etc. etc.

Now, I have no gripe with them entering the individual flat concerned, but I am concerned if they force entry to the downstairs door that we all rely on as our first line of security - are they legally allowed to come and open what is in effect somebody else's front door?

To say I am not very happy about the situation would be an understatement, and advice/info would be appreciated.

Thanks
Martin

[CK]

Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.
All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?''
You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.
Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.

Now off to double check on communal doors........

[rcgbob44]

Coo, you aint arf clever aint you CK!

[twpd]

CK is absolutely right.

This nonsense boils my p*ss. I've had this sort of trouble in the past as well and they use bully-boy tactics to gain entry to your home.

[clockwork orange]

We had some trouble a few years ago with claims on a previous tenant. Wrote a letter to the collection agency suggesting that since the person they wanted no longer lived there any attempt to enter the premises would be considered B&E and would be prosecuted. Never heard from them again.

[MJS]

Thanks for the info so far

I believe this is to do with non-payment of Council Tax - not sure if that takes it into the realms of Collector of Taxes rights?

I'm loathed to get involved, it's not me or my address they are after - it just so happens that we share a communal door, and that does concern me as I own 1/6th of it.