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

[Bazzer]

I broached it once to get rid of non paying tenants. IIRC you have to get an order from a lower court, before you can proceed to the High Court, but one of the legal eagles on here may provide further information. Fortunately, in my case, before incurring the additional costs of a High Court order, a third party suggested I immediately went round to the property. There was sufficient evidence, at least to me, suggesting they were no longer there, so the locks got changed immediately.

 

[steveindenmark]

What they dont make it clear on those programmes is that it does not all happen overnight.

It often takes months of letters, solicitors interviews, various solutions to solve the problem.

I attended a lot of evictions as a police officer and the biggest PIA were stroppy bailiffs who had no idea what the law was but insisted they did. It made my day putting them straight. I even arrested a couple of them

 

[subaqua]

What they dont make it clear on those programmes is that it does not all happen overnight.

It often takes months of letters, solicitors interviews, various solutions to solve the problem.

I attended a lot of evictions as a police officer and the biggest PIA were stroppy bailiffs who had no idea what the law was but insisted they did. It made my day putting them straight. I even arrested a couple of them

Oh there’s a lot of bailiffs that really don’t understand the law and try and bully people.

Sometimes they meet the wrong people though

View: https://youtu.be/L7CnrqD1L-Q

 

[Deleted member 26715]

Don't know the answer but my goto place about this kind of stuff is https://legalbeagles.info/forums/

 

[steveindenmark]

Oh there’s a lot of bailiffs that really don’t understand the law and try and bully people.

Sometimes they meet the wrong people though

View: https://youtu.be/L7CnrqD1L-Q

The problem here is that the guy who knows the law is also a gobby git as well. All he needs to do is state his case but he likes to get his wise cracks in. It makes him come across as a bit of an arxe himself.

 

[Bromptonaut]

What they dont make it clear on those programmes is that it does not all happen overnight.

It often takes months of letters, solicitors interviews, various solutions to solve the problem.

I attended a lot of evictions as a police officer and the biggest PIA were stroppy bailiffs who had no idea what the law was but insisted they did. It made my day putting them straight. I even arrested a couple of them

This.

County Court Bailiffs are employees of the Court Service. They have to give notice before an eviction - in effect setting an appointment.

High Court Enforcement Officers, along with those used for magistrates fines and Council Tax debt are private contractors working for a fee. Aggressive behaviour, making up process as they go along and telling downright lies are commonplace. On evictions they don't have to make appointments, they can (and do) just turn up. Without knowing more of the background it's difficult to understand how they can put tenants out before date appointed by the court but one of the advantages of High Court Enforcement from a landlord's perspective is that it's more difficult to get a stay.

The producers of one of the 'fly on wall' documentaries, have had to pay compensation to evictees because the way it was shown breached their right to privacy.

https://www.judiciary.uk/wp-content/uploads/2018/02/ali-v-channel5-judgment.pdf

 

[Dave7]

This.

County Court Bailiffs are employees of the Court Service. They have to give notice before an eviction - in effect setting an appointment.

High Court Enforcement Officers, along with those used for magistrates fines and Council Tax debt are private contractors working for a fee. Aggressive behaviour, making up process as they go along and telling downright lies are commonplace. On evictions they don't have to make appointments, they can (and do) just turn up. Without knowing more of the background it's difficult to understand how they can put tenants out before date appointed by the court but one of the advantages of High Court Enforcement from a landlord's perspective is that it's more difficult to get a stay.

The producers of one of the 'fly on wall' documentaries, have had to pay compensation to evictees because the way it was shown breached their right to privacy.

https://www.judiciary.uk/wp-content/uploads/2018/02/ali-v-channel5-judgment.pdf

Thats interesting. I will open in on the laptop tomorrow so its easier to read. (Small text).

 

[Bonefish Blues]

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?

I suppose it's been a while since Dr Who, but I didn't realise he was so down on his luck

 

[Slick]

The problem here is that the guy who knows the law is also a gobby git as well. All he needs to do is state his case but he likes to get his wise cracks in. It makes him come across as a bit of an arxe himself.

Yeah, that's the biggest issue there as opposed to the court bailiff threatening to knock him out.

 

[galaxy]

We had a High Court enforcer turn up at our house days after we moved in. Told him to go getbfwacked. Never came back

 

[Bazzer]

We had a High Court enforcer turn up at our house days after we moved in. Told him to go getbfwacked. Never came back

I don't think your first sentence is uncommon; at least in my experience. We have twice had tenants bothered by bailiffs who allegedly have made various threats made to them, when the debt trying to be enforced belonged to the previous tenant. IIRC one of those was from a High Court writ.

 

[Bonefish Blues]

We had a High Court enforcer turn up at our house days after we moved in. Told him to go getbfwacked. Never came back

Presumably for the previous occupants. Understandable situation. No need to return.

 

[Drago]

When they turn up erroneously, of for a previous resident, etc, politely remind them that GDPR makes it a criminal offence to hold information on record that they know to be incorrect. That compels them to update their records, and should minimise the chances of future hassle.

 

[subaqua]

The problem here is that the guy who knows the law is also a gobby git as well. All he needs to do is state his case but he likes to get his wise cracks in. It makes him come across as a bit of an arxe himself.

He doesn’t have to be not gobby. He isn’t the “ professional” . There’s a few coppers in the interceptors / police camera action shows that need to wind neck in too. Whether it’s the camera that turns them that way I don’t know.

 

[Drago]

Nah, people did this long before mobile phones and BWV - they were born as twots.