Eviction/bailiffs/high court enforcement....can anyone explain?

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Dave7

Legendary Member
Location
Cheshire
I sometimes watch progs such as "cant pay-we'll take it away".
Something that really puzzles me is..... eg
.Tenant is behind on rent.
. Landlord takes it to court and gets
eviction order. Tennant is given 4/8 weeks to leave.
. One week later bailiffs turn up and tell
him he has ONE HOUR to GO.
. Tennant says "but the court ruled that
we have 4/8 weeks to leave"
. Bailiff says "yes, but we are HIGH COURT
and the high court has given you one
hour.
So....... how does all that work?
Anyone got experience?
 

cosmicbike

Perhaps This One.....
Moderator
Location
Egham
Thankfully not. I have learnt not to believe everything I see on these 'reality' programmes, as they are often anything but...
 

Cycleops

Legendary Member
Location
Accra, Ghana
Did it once to get a Tennant out who was behind with the rent. Can't remember exactly how long they gave them, four weeks I think. They usually change their tune come eviction time as they want their deposit back. These people are a PITA.
You can do it all yourself unless you want to employ a bailiff
 

classic33

Leg End Member
At times it may well be the landlord doesn't want to wait the required time. The bailiffs can only act on the the court order, they are not the High Court. Despite any wording they may use.

Would it look as good on telly though?
 
At times it may well be the landlord doesn't want to wait the required time. The bailiffs can only act on the the court order, they are not the High Court. Despite any wording they may use.

Would it look as good on telly though?

tbf, when I have seen the show the OP is talking about. Their language is fairly clear that they are enforcing a writ from the high court. Not that THEY are the high court.
 

twentysix by twentyfive

Clinging on tightly
Location
Over the Hill
I got a bailiff's notice once. Delivered to the wrong address. I was waiting to claim compensation if and when they knocked the front door in. Nothing occurred. I assume they discovered their mistake. No TV crews either..........
 

gbb

Legendary Member
Location
Peterborough
Seems to me it's an 'upping the ante' thing, the next step up the chain if you're willing to pay for it.
Court can impose an order with a given amount of time to comply. If you want it quicker you go to the high court and pay for the privilege. Simples.
 
OP
OP
Dave7

Dave7

Legendary Member
Location
Cheshire
tbf, when I have seen the show the OP is talking about. Their language is fairly clear that they are enforcing a writ from the high court. Not that THEY are the high court.
Yes.....i didnt phrase that well. As you say, they are there to enforce the writ.
What puzzles me is how THE COURT can give them eg 8 weeks then the HIGH COURT can give them one hour with absolutely no warning.
 
I got a bailiff's notice once. Delivered to the wrong address. I was waiting to claim compensation if and when they knocked the front door in. Nothing occurred. I assume they discovered their mistake. No TV crews either..........
Don't think they can break into a private residence, but can enter 'peaceably' - enter via an unlocked/open door for goods removal. Business are different. Not sure how that works for evictions though.

Whats got me in the past is where they have started totting up contents value but occupant of property has said it belongs to them, not the debtor the bailiffs have demanded proof ie receipts.
Who the hell keeps every receipt for everything they own? I know the sofa I'm sat on is mine, but I'm not sure I could prove it
 
OP
OP
Dave7

Dave7

Legendary Member
Location
Cheshire
Whats got me in the past is where they have started totting up contents value but occupant of property has said it belongs to them, not the debtor the bailiffs have demanded proof ie receipts.
Who the hell keeps every receipt for everything they own? I know the sofa I'm sat on is mine, but I'm not sure I could prove it
Yes......who/how do they get so much power.
But again.......if the court gives the tennant eg 8 weeks....how can the high court overide this with one hour and absolutely no warning.
 

Julia9054

Guru
Location
Knaresborough
I got a bailiff's notice once. Delivered to the wrong address. I was waiting to claim compensation if and when they knocked the front door in. Nothing occurred. I assume they discovered their mistake. No TV crews either..........
I got one too - for the previous occupants of the house. Can't have been too threatening - we were out and the teenage babysitter saw them off!
 

gbb

Legendary Member
Location
Peterborough
Yes......who/how do they get so much power.
But again.......if the court gives the tennant eg 8 weeks....how can the high court overide this with one hour and absolutely no warning.
Because the high court has more power and can enforce a different set of conditions.
So that begs the question, why not just go direct to the high court. But it probably just doesn't work like that, you, the plaintiff probably has to follow due course, which means the normal court first. Once you've won that, the high court will probably just enforce a higher, more immediate set of conditions. The high court possibly don't get embroiled in the rights and wrongs of cases and only further enforce judgements already made.....but that's just the way I interpret it, not saying that's the way it actually is.
 

flake99please

We all scream for ice cream
Location
Edinburgh
If I were a landlord, and my tenant owed me 8+ months rent, I wouldn’t hesitate to escalate their eviction through a high court.

Why anyone would continue to allow a non paying tenant to remain in their property for another 6-8 weeks is beyond belief.

What would be the likelihood of your property getting trashed in those 6-8 weeks?
 
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