When is a locked door an unlocked door

[fork-it]

All the advice agencies are unanimous in their advice a bailiff can peacefully enter a property throught an unlocked door or window.

 

I cleared a flat last week to prepare it for a new tenant, and in the mail mountain inside the front door was a bailiffs notice saying they will return with a locksmith. This is not the first time seeing these, I always throw it all way when I refurbish a rental flat.

 

You dont need a locksmith to enter through an unlocked door, so is the bailiff doing anything wrong by entering a property throught a locked door?

[Ell-enn]

They always say that ! it's on every bailiff letter and is designed to scare you rigid, so you pay them They would actually have to go back to court to get a judge to approve their breaking in with a locksmith.

 

If it's a county court bailiff they will call at the address a number of times and if they get no reply or are not allowed entry they usually return the warrant to the court who then contact the creditor who can then decide whether to take further action i.e. apply for an attachment of earnings.

 

However some county court bailiffs are more "determined" than others - one little oik from our local court likes to call at just after 6.30 in the morning banging on windows and doors and then stands in the middle of the front garden, so having woken all the neighbours with the racket - he causes the maximum embarrasment (you know who you are you little sod!) - I know this as I had to help an employee of ours he was visiting.

[fork-it]

They always say that ! it's on every bailif letter and is designed to scare you rigid They would actually have to go back to court to get a judge to approve their breaking in with a locksmith.

 

So this is just a threat?

 

Isnt that an offence under Section 40 of the Administration of Justice Act 1970? and in particular Section 40(1)(d)

 

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1970/cukpga_19700031_en_5#pt5-l1g26

[Ell-enn]

does it say they will return with a locksmith - or they may return with a locksmith

[fork-it]

One of them says "we may attend your premises with a locksmith....,,even in your absence".

 

But this one says "I will be attending your premises with a locksmith within 7 days to conclude this matter"

 

Both documents were found at the same property, a student accommodation in Vauxhall.

[Rooster-UK]

However some county court bailiffs are more "determined" than others - one little oik from our local court likes to call at just after 6.30 in the morning banging on windows and doors and then stands in the middle of the front garden, so having woken all the neighbours with the racket - he causes the maximum embarrasment (you know who you are you little sod!) - I know this as I had to help an employee of ours he was visiting.

 

Just WHAT is the current law, regarding the emptying the contents of un pot de chambre through the front bedroom window?

 

"Terribly sorry, old boy... didn't see you there in the morning light!"

[fluffy_bunny]

they can force entry using a locksmith for magistrates fines ONLY without 'going back to court'

[ploddertom]

Should be filed in the round filing cabinet with the lid. All horsep**s and bulls**t.

 

PT

[Ell-enn]

Just WHAT is the current law, regarding the emptying the contents of un pot de chambre through the front bedroom window?

 

"Terribly sorry, old boy... didn't see you there in the morning light!"

 

Great idea

[fork-it]

... back on topic, does anyone know anything about Section 27 of the Domestic Violence, Crime and Victims Act 2004? its quoted on bailiffs paperwork, but reading the legislation, there is nothing here that gives permission for bailiffs to enter a property through a locked door using a locksmith. It only gives bailiffs immunity from criminal prosecution if he assaults a person or causes them injury while enforcing unpaid debts

[Ell-enn]

... back on topic, does anyone know anything about Section 27 of the Domestic Violence, Crime and Victims Act 2004? its quoted on bailiffs paperwork, but reading the legislation, there is nothing here that gives permission for bailiffs to enter a property through a locked door using a locksmith. It only gives bailiffs immunity from criminal prosecution if he assaults a person or causes them injury while enforcing unpaid debts

 

[fork-it]

im surprised too, but no sign of immunity from liability from a civil claim of personal injury.