Bailiff access with key

[resolutelandlord]

I have a tenant with rent arrears, if a bailiff arrives and the tenant refuses access. Can the bailiff gain access if a landlord gives bailiff spare key?
I understand the bailiff can’t force entry, but I assume entering with a key would be deemed peaceful entry. Albeit the tenant did not authorise?

[monkeynuts]

There are a few missing facts before any advice may be given as I assume this is an eviction matter and court bailiffs are to which you are referring.

Have you been issued either a possession order or a warrant of possession?

At present most evictions are on hold until after 11th January 2021. In fact all section 21 evictions are on hold until after this date.

At present there are very limited circumstances in which court bailiffs can evict someone before this date.

[resolutelandlord]

It's just a money claim, it's not an eviction.

We've not instructed court bailiff or HCEO yet, would either change the question?

[monkeynuts]

I think there are a few questions you may need to ask yourself....

Is the rent owed over 9mths in total (before 23rd March 2020)?

If the tenant has these arrears, instead of them accruing why have you not started an eviction process - I understand that there is backlog of cases at present but there is nothing stopping you applying.

Has your tenant offered any payment plan to clear them? Are they on any welfare benefits? Are they classed as vulnerable?

Honestly there more amicable ways to sort out issues than sending in the bailiffs. This forum helps those in society who have been a victim of unlawful actions of bailiffs.

[resolutelandlord]

The tenant has decided to stop paying his rent top-up, it's not through loss of work/benefits, or fallen on hard times, it's a personal choice. He realises landlords are struggling to evict at the moment, so playing the system. He'll get a CCJ very soon which will prevent him doing this to another landlord further down the line. And hopefully a visit from the bailiff will recover some of the rent.
I've asked him several times to pay, but there becomes a point where please does not cut it. It really is as simple as this.

[monkeynuts]

My gut feeling on this is no although zeke may have more knowledge as he is the expert.

Here are my reasons for saying no:

Bailiffs can enter the property peacefully if the occupier consents.
You are the landlord thus not the occupier in law. By giving the bailiff a key to the property you are opening yourself to a possible civil claim by the tenant.

You will already be aware Section 11, from The Landlord and Tenant Act 1985, which says you need to give you at least 24 hour notice before you come around and visit for any reason - so should you give a bailiff a key (possibly akin to giving a workman a key) you would have to let your tenant know 24 hours in advance. And in all honesty if you where to do that to me all I would need to do is place a chain on the inside of the door an refuse access.

Whilst a bailiff chasing a Magistrates fine may be able to employ the use of a locksmith, Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 requires the bailiff to apply to a court for a warrant to enter and search for goods. It is rare this would be allowed.

A CCJ is enforced by HCEO which have some slightly different laws to abide bide but the rules of entry would still remain the same.

What I would suggest is you find a more reasonable mediation process of come to some arrangement of payment plan.

[zeke]

The enforcement regulations are silent on whether bailiffs taking control of goods in a domestic property may use a landlords key.

If such a claim against a bailiff was brought, the claim would rely on case authority, in this case of Miller v Curry [1893], which the court said the use of a landlord's key is unlawful.

In your circumstances, the bailiff is not taking control of goods, but executing a warrant of possession.

Bailiffs do have a right to enter using reasonable force, - interpret that to be breaking and entering, or using a key.

There is a possibility the tenant may have changed the locks.

If the tenant is messing you around and not paying the rent, then apply for possession, but the court might stay the execution until a date it thinks the pandemic is over.

I don't think enforcing a county court judgment while the debtor is living in your property is a good idea. The bailiff might be taking control of your furnishings.

You can instruct an investigator to make enquiries into the tenants finances, where they keep any money or property, and information about who they have transferred it to over the last six years (3 years if transferred into certain types of trust).

If the defendant has money or property held in another persons name, a bank or a company (a third-party), then you can apply to the court to take it. The defendant does not need to know, and usually does not know until after the money or property has been made over by the third-party.

[resolutelandlord]

Thank you for your comments.

Possession will come later, much later due to current issues.

I have nothing in the property other than fixtures & fittings, so no risk of taking my stuff. I know I'll never get all my money, but hopefully bailiff can gain access and remove enough possessions to make the tenant realise its not right what he is doing, and you are a victim of your own actions.

[Tanetely]

Hi, I need help. I recently bought a plot in a conservation area. If the property is just in a conservation area then the four year limit from planning rules in conservation areas and the LPA can’t take action. If the property is a listed building then there is no time limit. However, recently I began to receive letters about the violation of my legislation. Where to go in such a situation?

[zeke]

What is the LPA and what does the correspondence say?

[monkeynuts]

Hi, I need help. I recently bought a plot in a conservation area. If the property is just in a conservation area then the four year limit from planning rules in conservation areas and the LPA can’t take action. If the property is a listed building then there is no time limit. However, recently I began to receive letters about the violation of my legislation. Where to go in such a situation?

I shall assume the LPA is th Local Planning Authority for the reply to this post. Without seeing the letter or understanding the whole case fully it would be hard to answer.

Therefore, I think in this particular instance you will need to seek some expert legal advice. I can't direct you to a could of free legal clinics run by the law universities that may be able to offer some support and advise to you. I know from personal involvement they are run by law students and all are overseen by a practicing solicitor so you will get a detailed researched answer from them if they can assist.

Lancaster University Law Clinic do specialise in property law
https://www.lancasterlawclinic.co.uk/

Open University Law Clinic
https://www.open.ac.uk/open-justice/legal-advice

These are the two I use (and still assist in one of them) and direct some of my clients too if I feel they could help. although most law universities offer a similar service so a simple search may provide you with more.

[Cruola]

The tenant has decided to stop paying his rent top-up, it's not through loss of work/benefits, or fallen on hard times, it's a personal choice. He realises landlords are struggling to evict at the moment, so playing the system. He'll get a CCJ very soon which will prevent him doing this to another landlord further down the line. And hopefully a visit from the bailiff will recover some of the rent.
I've asked him several times to pay, but there becomes a point where please does not cut it. It really is as simple as this.

In addition to the excellent advice above which you do not appear to be taking on board, all tenants are entitled to quiet enjoyment of the property, that means not you, your agent, your contractors or your debt collectors can obtain entry without permission.

Your tenant is entitled to change the locks as long as they restore them at the end of the tenancy.

You say that the tenant has just "decided" to stop paying the rent "top up", what do you know about their motivations, you are just assuming the worst. Top up of what, LHA housing benefit?

At the time of your original post and now with the current pandemic lockdown, High Court Enforcement officers have agreed NOT to cross the threshold of a property which makes them a tad screwed. It was due to open back up on Jan 11th for possessions.

You will know that the lead time for a S21 is around 12 months, 6 months notice (until March and expected to be extended) and 6 months to get a Court date.

IF you have 12 months full rent arrears you can make a claim for eviction via S8 but again, you need to follow correct procedures and Court Dates vary by area, Judges are looking for any mistake in your paperwork to kick out claims.

If you do this sort of stunt you are thinking of, so not be surprised if the boiler develops a fault that gets it condemned and you forced to rapidly replace under your obligations of the Landlords and Tenants Act. Your tenant can report faults in your plumbing, things like leaks, damp and a plethora of other things.

Your stunt would probably qualify you for action under the protection from harassment act 1997, your tenant would list all the things you have done to the Council who may even seek a Criminal Sanction the involves you being imprisioned.

A CCJ will only show if he does not pay it within 28 days.

Some landlords are owed well over £10k, have had to ask their lenders for a payment holiday, you are whining about a "top up", of course you are LORDing over your tenant rather than considering that we are all in the shit right now and probably will be until 2022 at the earliest.

If you really want the tenant to go, seek a settlement with them that if they leave you cancel this debt and even pay them a bit.

Far less hassle and less risk to your property. Also are you absolutely sure you have evidence of your compliance of all Landlord obligations and licensing, if not he may have last laugh.