Bailiffs - Help Needed

[gumbopickles]

Hello All,

As NSC is the font of all knowlege, looking for some help.

Myself and 2 mates rent a property through a letting agents and have done for 6 years. The council tax has alaways been paid by the landlord, no idea why but always been the case. About a year ago the landlord lost the house to her husband in the custody battle and he took over. He said it would all continue as it is.This has been fine for almost a year. Now this morning a bailiff has come round saying we have till 1pm to pay 1k in Outstanding council tax bills or he will take our property. The letting agent says it is now our responsibility. We have had no letters chasing the money or letters from owner to say we are now responsible.
Is there any way that we can delay the bailiffs- bar paying the money? are they LEGALLY allowed just to come in?

Any help much appreciated.

 

[brighton_girl87]

They aren't allowed to force their way in, however if you leave a window open or your front door unlocked they are allowed to go in that way!

 

[seagullsovergrimsby]

Tell them to f*** off through the letterbox.

 

[JCL666]

Phone the council IMMEDIATELY.

also read this Bailiffs - Dealing with Bailiffs

 

[seagullsovergrimsby]

Tell them to f*** off through the letterbox.

Honestly , you need to contact Citizens Advice Bureau as I think you are liable for council tax unless you have documentation saying the council tax payment is included with your rent.

 

[Billy the Fish]

By the sounds of it either his or her (landlords) name is registered with the council, hence no initial bill in April or any reminder letters. Phone the council, don't let the balifs in and tell the landlord to go f*** themselves. They would've had a court order before it got this far, they've obviously been ignoring it.

Check your rental contract to see if it mentions council tax.

 

[Everest]

Tell them to f*** off through the letterbox.

They might find that a bit of a tight squeeze

 

[Billy the Fish]

I'd also be straight down the letting agent to tear those c**ts a new arsehole.

 

[Westdene Seagull]

Unless your tenancy agreement explicitly says the council tax is included as part of your rent then it is your responsibility to pay it.

As someone else has said, there must have been a court order for bailiffs to become involved. That court order would have been issued against named people - ask the bailiffs or council for a copy of the court order. Is your name or your mates' names on it ? If not then the bailiffs have no right to take anything.

 

[seagullsovergrimsby]

I'd also be straight down the letting agent to tear those c**ts a new arsehole.

This

 

[Westdene Seagull]

I should have also said, I wasn't aware bailiffs could take property on the first visit. My understanding was that they had to list the property available to take and then value it. They would then usually come back another day to take goods to the correct value. I'm not a bailiff expert though.

 

[itszamora]

Pretty much everything here is right on the money. Legally they are not allowed to force entry, so lock everything up and get on to the landlord, letting agent, CAB, council etc.

 

[Deleted member 22389]

I am not a solicitor, but do you still have your original terms and conditions? if you still have them, see if there is anything in there as regards council tax and who is liable to pay. I presume you took out an agreement and signed when you took the property?

Since this is a custody battle between the landlords, have you signed anything since saying you are liable to pay council tax?

I just cannot see how bailiffs can force their way in without having this checked out legally. Tell the wkers to foff.

 

[BigGully]

Its seems that HMO's ( house in multiple occupations ) which you seem to be, the landlord is liable for the council tax, and can if agreed recoup this cost through you overall rental contribution, but thats not your problem.

Speak to the letting agents, but I would be aware that they work for the landlord and might not necessarily offer unbiased information.

Do not let the Bailiffs intimidate you or sweet talk you, but dont let them in.

They should then post a summary of the demand.

Get free advice, probably at CAB and relax.

 

[Triggaaar]

Do not let them in. They cannot enter by force.

They may try to trick their way in - eg, fair enough sir, I just need to tell the office and we won't bother you any more. Can I borrow your phone.

You have to change the way people in the house live, who has keys etc. Do not let them in.

 

[gumbopickles]

As ever much great advise, thank you all. Our names are on the tenancy but not had a court order. Im just gonna get my housemate to lock himself in and ask him through the letterbox for a copy of the court order. Best case scenario he goes away and will have to come back with it. Worst case scenario my housemate gets splatted !!

 

[The Peanut Roaster]

National Debtline Call 0808 808 4000

 

[Triggaaar]

So...
what evidence do you have that the landlord should be paying your council tax?

 

[Dirk Gently]

As stated, first thing to do is find out in whose name the judgement has been made.

If not your name, then the bailiffs legally cannot touch any of your property.

It's likely that you will have to pay the Council Tax unless you have something in writing stating that this isn't your responsibility, but this will require judgement against YOU before it can legally be enforced.

Don't forget that bailiffs bank on people either not knowing their rights or standing up for them.

 

[Surrey_Albion]

If you speak with Council they are ususaly happy to sort out ways to pay, I was in a simular situation once,although as stated bailiff cannot enter without you letteing them in, they can apply for a different warrant if thecosts get higher and the situation more severe and this (sorry cant remember whats its called) warrent will entitle them to call a locksmith to gain entry.

Always go to the courts or council to ask for help never the bailiff (especialy Marstons) as they are all lying low life scum and their answer for everything will be "not our problem you will have to borrow the money" and "no we cannot take instalments give us the total now or we take everything....is that your car parked there"