PEACEFUL ENTRY

[K3NNY]

Can someone please clarify the "PEACEFUL ENTRY"

Every post states

do not leave doors or windows open

Nothing i have read says locked

So

my question is

can a Bailiff gain peaceful entry if my door is closed but not locked?

[chris3940]

to k3nny,the answer is yes if the door or window is closed but can be opened outside with no damage (they are not closed properly) then this is classed as peaceful entry as he has not forced the entry therefore make sure if you close your door you have a latch on and if you shut your window the handle is in the lock position.

[cerberusalert]

Post moved to Bailiffs forum.

[tomtubby]

Can someone please clarify the "PEACEFUL ENTRY"

Every post states

do not leave doors or windows open

Nothing i have read says locked

So

my question is

can a Bailiff gain peaceful entry if my door is closed but not locked?

 

A few years ago there was a dreadful TV programme called "Whistleblower" that had been filmed by an undercover journalist who had managed to get a job in a bailiff company .

 

 

The programme was awful and showed a particular bailiff who was nicknamed "ladders". The name was given to him because, in his car he had a ladder that would extend and he would use this to get into an upstairs window that was partly open. At the time, this caused outrage to viewers but the sad fact was that ....IT WAS LEGAL!!!

 

Gaining entry into a closed but UNLOCKED door is also legal.

[munchkette]

I have one question on the gaining entry to a closed but unlocked door

 

if it is a standard household door and it is closed but unlocked - can the bailiff use say a card or something to slip the unbolted latch and get in?

[wonkeydonkey]

I have one question on the gaining entry to a closed but unlocked door

 

if it is a standard household door and it is closed but unlocked - can the bailiff use say a card or something to slip the unbolted latch and get in?

 

if as you say the door is closed but not locked then yes the bailiff can enter. If the door is closed and secured by locks or bolts then no he cannot. This also applies to windows where the window has been pulled closed but if the window latch is not in place it will be seen as open by the bailiff. and the moral is ......

 

WD

[welsh1]

if as you say the door is closed but not locked then yes the bailiff can enter. If the door is closed and secured by locks or bolts then no he cannot. This also applies to windows where the window has been pulled closed but if the window latch is not in place it will be seen as open by the bailiff. and the moral is ......

 

WD

 

I feel like deja vu coming over me:grin::grin:

[tottys]

i have 2 handles on my windows what if the top Handel is unlocked and the bottom Handel is in the locked position also i open my bath room window a little but then put the handles down so the only way to get the window open is by breaking the window would this count as peaceful or forceful??????????

[madmatt1009]

anything that causes damage is forceful

[munchkette]

if as you say the door is closed but not locked then yes the bailiff can enter. If the door is closed and secured by locks or bolts then no he cannot. This also applies to windows where the window has been pulled closed but if the window latch is not in place it will be seen as open by the bailiff. and the moral is ......

 

WD

The door in the above scenario would not be obviously open though - I mean you couldn't push the door open you would need to actually put the card in (or however locksmith's do it with unlocked top latch's) and actually try it to see if you could get it open.

 

Basically can bailiff's use methods to pick door locks which do not damage the property?

[RaeUK]

My interpretation would be: if he can turn the handle and the door opens he can enter. If it doesn't open than not.

Rae.

[welsh1]

My interpretation would be: if he can turn the handle and the door opens he can enter. If it doesn't open than not.

Rae.

 

I would agree with Kelcou:)

 

The ones that turn up with cards and lock picks are called burglars round here:wink:

Look out for the bag marked SWAG:grin:

[munchkette]

Most front doors tend not to have door handles though they have a yale lock at the top and a chubb or similar deadlock at the bottom which can only be opened with keys from the outside. If you go out of the door and just close it behind you to all intents and purposes the door would appear locked and to re-enter you would have to put your key in to undo the top latch.

 

I did go out once and forgot my keys. I called a locksmith who was able to open the door simply by sliding a shiny bit of card into the door frame where the top latch was and the door opened - I am wondering if bailiff's can do the same thing or does the door literally have to be open or have a handle that you can twist to open the door?

[RaeUK]

If the door doesn't open when try it then, conversely, I would deem it locked.

For a door, as you describe it, I would recommend keeping it double locked. Not because of bailiffs. Burglars can easily break in.

Rae.

Edited February 15, 2010 by RaeUK
type o

[welsh1]

As your title says peaceful entry only,using a card would i think class as breaking and entering,as it would be forceful entry.

[wonkeydonkey]

http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snha-04103.pdf

[tomtubby]

http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snha-04103.pdf

 

WD.... Excellent research.......