can they take lodgers stuff

[neilk]

I live with my uncle, and am worried he may have got into debt, resulting in bailiffs visiting. Can they take my property which is kept in my unlocked bedroom, items such as laptop, hi fi etc.

 

thanks

[Saffronflowers]

No they can only take what belongs to him, please ensure that you can prove what is yours. Someone will be along soon to give you the exact lowdown

 

HTH

 

SFx

[demon_x_slash]

The trouble is, the onus is on the debtor to prove that the goods are NOT theirs - as Saffronflowers says, you or your uncle will need to be able to prove (receipts etc.) that the goods belong to you, the lodger, not him, the debtor.

 

The best way to avoid bailiffs levying on property in your home is to never let them in in the first place. They're like vampires; they have to be invited in the first time round, but once they're in, they can come back whenever they want. Many consider wedging their foot in your front door as 'peaceful entry'; it is not. Make sure your uncle is aware of this.

[The Watcher]

I live with my uncle, and am worried he may have got into debt, resulting in bailiffs visiting. Can they take my property which is kept in my unlocked bedroom, items such as laptop, hi fi etc.

 

thanks

 

The problem that you are going to have is proving what is yours, as I suspect that you may not (still) have the receipts for many items?

[sequenci]

you could sill in a statutory declaration listing which items are yours and have the statement signed witnessed by a solicitor / justice of the peace etc. ?

[basil010]

The trouble is, the onus is on the debtor to prove that the goods are NOT theirs - as Saffronflowers says, you or your uncle will need to be able to prove (receipts etc.) that the goods belong to you, the lodger, not him, the debtor.

 

The best way to avoid bailiffs levying on property in your home is to never let them in in the first place. They're like vampires; they have to be invited in the first time round, but once they're in, they can come back whenever they want. Many consider wedging their foot in your front door as 'peaceful entry'; it is not. Make sure your uncle is aware of this.

 

Further to what has been stated above, the reference to "being invited in" is totally incorrect. A Bailiff is only required to "gain peaceful entry" and does not require an invitation. He can enter property through an open window or unlocked door quite legally, the law states that he "may lift a latch or draw a bolt to gain entry". The peaceful entry is the critical bit, if you get the "foot in the door" bit you have the right to remove the foot using "reasonable force only" as this will then constitute "non-peaceable entry". On the attendance of a Bailiff the occupier of a Domestic Property is entitled to refuse entry and must state so i.e. "I am refusing you peaceful entry into my property". Invariably they will then call the Police, (or better still you call them) unfortunately they will in ignorance of the Law of Distress presume that the Bailiff actually is telling the truth about his powers of entry. However a Police Officer has no rights with regard to entry into private property for a civil matter without a Warrant of Entry being granted, (normally from a magistrate or District Judge). What normally happens is that the Bailiff calls the Police and because a Police Officer is at the door the occupier opens the door and the Bailiff walks in (gaining Peaceful Entry). You have to state as above to the Police Officer that he has no right of entry and neither does the Bailiff and that you are legally entitled to refuse entry to the Bailiff and are doing so. You should also as a matter of caution inform the Police Officer that if he persists in assisting the bailiff in an unlawful act then you will hold him personal liable for any loss incurred due to his actions. It is always recommended that you suggest to the Police Officer that he obtains suitably qualified advice from his force's legal department. But you do not have to open the door or let them in.

[basil010]

Further to what has been stated above, the reference to "being invited in" is totally incorrect. A Bailiff is only required to "gain peaceful entry" and does not require an invitation. He can enter property through an open window or unlocked door quite legally, the law states that he "may lift a latch or draw a bolt to gain gain entry". The peaceful entry is the critical bit. On the attendance of a Bailiff the occupier of a Domestic Property is entitled to refuse entry and must state so i.e. "I am refusing you peaceful entry into my property". Invariably they will then call the Police who in ignorance of the Law of Distress will presume that the Bailiff actually is telling the truth about his powers of entry. However a Police Officer has no rights with regard to entry into private property for a civil matter without a Warrant of Entry being granted, (normally from a magistrate or District Judge). What normally happens is that the Bailiff calls the Police and because a Police Officer is at the door the occupier opens the door and the Bailiff walks in (gaining Peaceful Entry). You have to state as above to the Police Officer that he has no right of entry and neither does the Bailiff and that you are legally entitled to refuse entry to the Bailiff and are doing so. You should also as a matter of caution inform the Police Officer that if he persists in assisting the bailiff in an unlawful act then you will hold him personal liable for any loss incurred due to his actions. It is always recommended that you suggest to the Police Officer that he obtains suitably qualified advise from his forces legal department. But you do not have to open the door or let them in.