equita bailifs

[mark tomo]

hi was just looking for a bit of advice .

 

i have just bought a house that has been a rental for years

 

i have been given a set of keys temporay keys by the actual owner till all the paper work and legal stuff is done about 3/4 weeks

 

the owner has said i can start ripping it out and refitting it because its now mine just the ts to cross and i to dot so to speak .

 

i went there today to start and there was a bailifs letter to the old tenant

 

i opened it and its for non payment of counsil tax

 

says they're sending a bailif to seize goods

 

i rang them told them the guy didnt live here now dont where he has gone and im now the new owner to which

 

the person on the phone said there still sending the removals team to take goods

 

now the problem is at the min there is about 10 grands worth of building matterials in the house and garden ready for the builders to start work

 

can they legaly take this or do i have to get it shifted till its sorted out

 

the bloke on the phone said i have to give him proof im the new owner

ie bank statment or my bank details need less to say that aint happening

[lookinforinfo]

Not only do have no proof that you own the place for the bailiffs to pull out,

you do not own the property legally.

 

So the owner could turn round in the next few weeks and say for whatever reason that your deal cannot go through,

change the locks and keep all your materials as well as get you to reinstate the property to how it was before.

 

Are you sure that is is the tenant and not the owner who owes the bailiff

and you are not being [problem]med?

 

You have as yet no legal right to that property so I would be very careful about doing any work there

or even leaving building materials there

 

And if the previous tenant is the one who is being chased by a bailiff,

he may well have a set of keys too

and either let the bailiff in to take your goods

or steal your goods and sell them to pay the bailiff.

[mark tomo]

Not only do have no proof that you own the place for the bailiffs to pull out, you do not own the property legally. So the owner could turn round in the next few weeks and say for whatever reason that your

deal cannot go through, change the locks and keep all your materials as well as get you to reinstate the property to how it was before.

 

Are you sure that is is the tenant and not the owner who owes the bailiff and you are not being ****med? You have as yet no legal right to that property so I would be very careful about doing any work there

or even leaving building materials there

 

And if the previous tenant is the one who is being chased by a bailiff, he may well have a set of keys too and either let the bailiff in to take your goods or steal your goods and sell them to pay the bailiff.

not a problem over owner wanting it back I have bought it of my brother because he has emigrated and locks have been changed the name on the letter is not my brother I have contacted my brother and he had the locks changed in December when the tenant left

Edited February 13, 2014 by mark tomo

[lookinforinfo]

Ah that makes your situation better.

 

However you still haven't proof of your right to be there. A letter of confirmation from your solicitor that the tenant has moved out and you are in the process of buying the house may put the bailiff off along with

the consequences of removing any of your goods etc from the property. In addition the letter should confirm that the previous tenant has none of their goods in the house.

 

Even so, do not leave any building supplies outside since some of Newlyns bailiffs are likely to ignore any letters from you in pursuit of their desire to make money.

 

By the way, if they have not been inside the property, they cannot come and remove items from the house but outside is fair game to some of them regardless as

to the ownership of the goods. Legally they cannot, but that does not always stop them.

[mark tomo]

Ah that makes your situation better.

 

However you still haven't proof of your right to be there. A letter of confirmation from your solicitor that the tenant has moved out and you are in the process of buying the house may put the bailiff off along with

the consequences of removing any of your goods etc from the property. In addition the letter should confirm that the previous tenant has none of their goods in the house.

 

Even so, do not leave any building supplies outside since some of Newlyns bailiffs are likely to ignore any letters from you in pursuit of their desire to make money.

 

By the way, if they have not been inside the property, they cannot come and remove items from the house but outside is fair game to some of them regardless as

to the ownership of the goods. Legally they cannot, but that does not always stop them.

Right I see solicitors tomorrow it is then they can have anything out of the skip if they want it lol I didn't realise they could take stuff out of the garden I shall get it moved tomorrow as well thanks for the info if the bailiff company had told me this when I rang today I could of saved people's time on here but no all they kept asking for was my bank details

[i hate bailiffs]

Right I see solicitors tomorrow it is then they can have anything out of the skip if they want it lol I didn't realise they could take stuff out of the garden I shall get it moved tomorrow as well thanks for the info if the bailiff company had told me this when I rang today I could of saved people's time on here but no all they kept asking for was my bank details

 

You would of thought that the skip may be a sighn that house may of been sold/ new owners but bailiffs are thick

You should also contact the council and tell them that the person they are after is not there and to call the dogs off

Your local MP will help if council being difficult

[brassnecked]

Warn the council that they will be liable for all consequantial losses caused as a result of any unlawful bailiff action against third party goods, state that you WILL escalate and initiate action in the county court that could result in bailiffs being sent to County Hall to remove goods. for said losses. That should (but don't bet on it) focus their tiny minds.

[PaulW922]

Without wishing to defend the bailiff in any way, the easiest solution for you might be to demonstrate that the debtor has gone and he is not you,,or the owner of any property there. I know it is tempting assert your rights, but equally it is wise to,pick your battles carefully..

 

Doubtless others will disagree!