Commercial rent/service charge/bailiff

[Rafas_Reds]

Hi all been browsing the website and has helped me over the last day or so but i could do with some advice about how i proceed further.

I rent a commercial unit off the local authority for business usage and payment is required on the first of the month. I had a verbal agreement with the landlord that the Nov payment would be held back to December due to personal circumstances.

I assumed everything was fine and when i attended my property on the 15th(evening) there was a removal of goods notice through the door for £1960 dated the 8th of Nov, that included bailiff fees of 575 pounds and the bill was for Nov and DEC. I contacted the landlord who said sorry the finance team have decided to pursue the matter as per tenancy agreement.

After speaking to several people in accounts finance etc they said as payment was not received on the first they were well within their rights to take that form of action and if i had an issue to contact my local councilor. I accept that the council are well within their rights if a payment is a day late commercial landlords can demand immediate payment. They advised me to contact the bailiff and he might negotiate..

I decided to try and make full payment to the local authority instead via their cashiers office excluding any bailiff fees, however they refused to accept my payment because the computer told them it would not allow it despite me having the full invoice no and appropriate paperwork. I then decided to make a chaps payment direct to their account and i submitted the documented proof to the finance team, should clear on Monday as done after 1pm

Spoke to bailiff earlier to advise him of this and his price has come down to 200 pounds if i pay him today. I asked for an itemised bill and was refused and the bailiff stated verbally we don't do that. He then threatened to attend twice today despite knowing the amount had been paid. The bailiff has not gained access to the property as i have not been at my place of work in Nov for personal reasons in view of this what would you advise is an adequate sum to pay them if any?

I have seen so much for the first £100 and then percentage figures onwards and then reasonable costs for each visit that he has attended the property.

The bailiff says he will get his fees via the payment i have made to the council surely he cant do that can he??

Should the council have instructed the bailiff knowing there was a standing/order set up for dec1st for both payments?

How many visits can the bailiff charge for ???

Are bailiffs allowed to levy fees on service charges??

Has the distress for rent been superseded by the draft bill (Tribunals, Courts and Enforcement Bill)

If i do pay the bailiff any funds what are my chances of claiming funds back from the council as i was assured on more than one occasion there would be no action?? (i know i should of got it in writing)

What is the best way to complain about the councils conduct and bully boy tactics who are basically endorsing exorbitant fees and consistently giving out misleading information...

Thanks in advance for any responses sorry for the rambling ....

[veryannoyed]

if you haven't done so already, change the locks on your unit! - the council will have copies and give these to the bailiff.

onwards from that, you have put yourself in a bit of a situation by not having anything in writing regarding holding off your nov payment.

try and pay the council everything you owe them as soon as possible, that way the bailiffs have nothing to collect on.

Bailiffs can only collect on a court warrant - there doesn't seem to have been enough time elapsed for it to have gone to court? were you served court papers? have you had a letter warning of a bailiffs visit? are you sure this person is a REAL bailiff???

[Rafas_Reds]

Thanks for the response council have been paid in full for Nov and DEC excluding any bailiff fees the bailiff and the council are aware of this as 17/11/06. But as you can understand Mr bailiff is not happy and claims he can continue to pursue this until the council call the debt off.

The letter i have states it is a removal of goods notice and there is a name on there the males name and below it he is listed as a removals officer (is that a real bailiff) it doesn't mention anything about certification Also the letter does not mention anything about distress for rent it states

Removal of goods notice

For unpaid commercial rent

Amount now due £1946.83

I have attended today with the intention of removing your goods and chattels as are necessary to discharge the above debt.

I will re-attend at your address on 9th/10th to collect full payment.

Should you wish to avoid this distressing course of action contact me immediately on a mobile number....

In theory the council should contact the bailiff and let them know they have received payment and any action should be cancelled however in my view i need something in writing from the council and the bailiff to clarify if there is anything outstanding as i don't want these clowns to issue any defaults/judgments against me.

Thanks again...

[MrShed]

Commercial renting is completely different from residential renting, and you cannot really apply any areas of residential letting law to it. I would advise you get specialist assistance. There is a commerical rental board on the landlord zone forums: LandlordZONE Property Forums

[Rafas_Reds]

Thanks for making me aware of the landlordzone property forum i will browse that now.