Bailiffs - Help Needed

[Westdene Seagull]

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.

Good advice but it would also be better to offer to pay the council before they get a judgement against you.

 

[BigGully]

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

It seems if you have multi occupation of a normal house then it is the landlords responsibility.

They might then factor this into their rent, but cannot retrospectively demand this on top of the rental agreement.

Hey, I am no expert but this seems the position.

 

[Beach Hut]

Do you need some muscle ?

 

[Triggaaar]

It seems if you have multi occupation of a normal house then it is the landlords responsibility.
...
Hey, I am no expert but this seems the position.

I feel I should have known that having been a landlord for so long, but I didn't. I avoid HMOs though, and my contracts state that the tenants are responsible for CT.

But in order to help the OP, I was wondering what evidence they have. Is it an HMO contract, what does it say, have they got some info from when they first took it on, saying that CT is included. Anything?

 

[bomber130]

Tell the landlord he can go f*** himself for the rent until the council tax is paid. You can then save the rent money to either clear the debt or pay back to the landlord once the council tax is sorted by him.

 

[Max Paper]

No matter what DO NOT LET THEM IN. If you let them in once you've had it!

 

[bomber130]

I feel I should have known that having been a landlord for so long, but I didn't. I avoid HMOs though, and my contracts state that the tenants are responsible for CT.

But in order to help the OP, I was wondering what evidence they have. Is it an HMO contract, what does it say, have they got some info from when they first took it on, saying that CT is included. Anything?

Disregard my last post as I have just read your post stating tennants are responsible for CT. You could be fubared on this one Im afraid.

 

[PriapismBoy]

As above

 

[Triggaaar]

Disregard my last post as I have just read your post stating tennants are responsible for CT. You could be fubared on this one Im afraid.

No, that's my tenants, nothing to do with the OP.

 

[Triggaaar]

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.

I didn't know they could get a locksmith/force entry. How did you find this out, and is that only in certain circumstances?

 

[bomber130]

No, that's my tenants, nothing to do with the OP.[/QUOTE

Shit should of read who posted lol. He should do what I originally said.

 

[The Large One]

Point is, if the council is informed of the (somewhat farcical, and certainly confused) situation, and agreement is reached how to pay any CT arrears, there's a decent chance the council will call the bailiffs off. The council would rather have its money paid than spend more on bailiffs.

 

[BigGully]

I didn't know they could get a locksmith/force entry. How did you find this out, and is that only in certain circumstances?

Its a rarity, as I understand it, there is a progression in some cases where this might be viable, but the creditor would need to jump through a few hoops before this would be sanctioned.

But not often, this is someway off that line of action, I think.

It would be interested to see whos name is on the court documentation, I would suspect either of the 'landlords'.

They cannot then transfer the legal process to their tenants, even if they were liable.

But again I am no expert so please take some of the qualified advice that is on offer out there, CAB probably a good start.

 

[turienzo's lovechild]

contact the council, landlord/letting agent and get some help from the citizens advice ASAP

don't have ANYTHING to do with the bailiffs....i'm serious about this...make sure everything is locked and try to have as little contact with them as possible

if it turns out you are responsible for the CT, then arrange something with the council....they tend to be quite reasonable as long as they know what's going on and how much they're getting per month or whatever


i must say in my experience it isn't that common for landlords who go through letting agents to take responsibility of the council tax? apart from when I was a student i've always paid it

 

[Surrey_Albion]

I didn't know they could get a locksmith/force entry. How did you find this out, and is that only in certain circumstances?

Found out the hard way, I had a none payed fine but moved, they found me a year later, I spoke to Bailiff who was a cnt, I phoned the court and explained I had moved so knew nothing about it and the court were realy good about it calle doff the bailiff and helped me(when I spoke to bailiff they told me there was nothing that could be done, lying fkers), I think it may be called a distress warrent (sorry will try and find out if wrong) but yes there are certian warrents that allow "forced" entry, I beleive they are for Goverment fines or can be granted by a court if deemed neccessarry, so avoiding answering the door will only work so long I am afraid

 

[BigGully]

so avoiding answering the door will only work so long I am afraid

Always avoid answering the door, but do not avoid dealing and communicating with the original creditor.

 

[Seagull on the wing]

There is only one body of officials who can enter without a warrant...Custom and Excise...unless of course you let them in..

 

[gumbopickles]

All turned out fine in the end, the landlord agreed to go halves on the O/S amount and put the money in the court/bailiffs account so they called the Mongrel off - thanks for all the advice, much appreciated !!

 

[The Large One]

Smart.

 

[dingodan]

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.

This.

To come in they need a warrant signed by a magistrate. For this to be the case you would have to have been summonsed prior to judgment (which it sounds like you haven't been).

I would not speak to them, tell them to put something in writing. If they get aggressive or unreasonable ask for their identification and make a note of their name and ask them who they are bonded with. That will calm them down.

EDIT: Oh, I see situation resolved peacefully, good news