Dealing with Bailiffs

Bailiffs have traditionally struck fear into people. In the popular imagination, they’re irresistible forces that have the power to strip you of all your possessions. In reality, though, your attitude to bailiffs will depend largely on whether you’re a debtor or a creditor. Using a Bailiff If you’re owed money by a customer or tenant, there are many possible actions for recovering the debt. Most of these involve comm
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Speaking of Bailiffs

A happy Easter and/or Passover to you — whichever you celebrate. We’re now at the start of the new tax year, and I hope you’ve made a resolution to start it by minimising both the debt you owe and the debt you’re owed. Strong, effective systems can help with both, but if you have difficulties recovering money that’s owed to you, you’re very welcome to get in touch with SJ Collections. Ne
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How to evict a Tenant

    As a landlord, you have the right to evict tenants from your properties. However, there are many rules and regulations you must follow to ensure you do this lawfully. For example, you can’t just knock on a tenant’s door and demand they leave the premises right there and then. There’s a whole systematic process that needs to be followed before an eviction can legally occur and the easiest way is to
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For landlords in the private residential rental sector, having the right to regain control of your property when you need to is a vital power. Section 21 of the Housing Act 1988 allows landlords to end an assured shorthold tenancy by serving notice, without having to show any fault on the part of the tenant.  Stephen Eccles, Head of Dispute Resolution law at Pinney Talfourd in Upminster, is our expert in landlord and
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Bailiff powers when they visit your home What you can do when a bailiff visits

A bailiff (‘enforcement agent’) may visit your home if you don’t pay your debts, eg a Council Tax bill, parking fine, court fine, county court or family court judgment. This will happen if you ignore letters saying that bailiffs will be used. You might be arrested if you don’t pay criminal debts, eg fines or penalty notices. A bailiff may also visit your home for other reasons, eg to serve court documents or give not
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Osborne ‘taxberg’ eclipses seizure powers of bailiffs

The powers of bailiffs to enter a property to seize goods where a debt has not been repaid are often exaggerated. But I’m equally sure that some less scrupulous bailiffs have played on debtors’ ignorance of what is and is not permitted. One of the ways in which the new regulation of the collections industry has brought clarity to both sides is in the clear statement of what is, and is not, permitted. You can read thi
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Ditched! End of an 800-year-old remedy for recovering commercial rent arrears

A change to the law has stopped commercial landlords using the 800-year-old ‘remedy of distress’ to collect rent arrears from business tenants. It’s all part of the changes to bring clarity to the entry rights of bailiffs as the collections industry becomes regulated. But pub property agents, for starters, believe the changes are not well understood, according to a report in the publican’s online newspaper, the Morni
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No place for rogue bailiffs under tough new rules

A small minority of bailiffs have been allowed to give the collections industry a bad name, a government minister has said. But Lords Faulks added that tough new regulations, coming into force in April, will tackle the rogue bailiffs while ensuring that debts can be collected. Faulks, a junior justice minister, urged representatives of bailiffs’ companies and local authorities to rise to the challenge of the new regi
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Have you got the nerve for this?

Ancient common law has existed for over 750 years.  It arises from the relationship between a landlord and tenant. Most leases do not mention or enlarge on the right of distress, but it is always prudent to check. Commercial distress is a landlord’s power. A landlord, if an individual can levy himself, but this is not for the faint hearted. Corporate bodies must use a certificated bailiff. A landlord and tenant relat
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