Discounted service for all BLA members
Once a possession order expires, if your tenant fails to give up vacant possession of the let property, then Landlord Advice UK can arrange bailiffs for you. This is a discounted service for all BLA members.
Once an application for the eviction of the tenant has been made to the court, the court bailiff will issue a warrant number. Once you have a warrant number the county court bailiff will then issue the landlord and the tenant a date and time of the eviction.
County court bailiffs face the excessive workload
County court bailiffs face excessive workload, and at the moment (15/10/2020) due to COVID-19, it generally takes 10 to 16 weeks for the bailiff to evict a tenant.
Beware bailiffs will not carry out the eviction where a landlord has failed to provide the bailiff risk assessment form, even if it’s gone astray in the post or the court office. The bailiff will not inform you in advance that they have not received the form; they will not turn up at the date of the eviction. We strongly recommend that you email the form to the bailiff, and post it too.
The Court requires the landlord, or agent to complete a risk assessment questionnaire so that any risk is highlighted in advance of the eviction. If you have not received a risk assessment form, then please contact the Court. For Wales and Scotland go to the document page to download.
Should I use a High Court Bailiff or a County Court Bailiff?
A High Court Bailiff (High enforcement officer) is much quicker than a County Court Bailiff.
You need to seek to leave (permission) to use the High Court enforcement procedure. This should be pleaded in the claim for possession. Your court advocate should, in turn, plead with the judge, to be given leave to use the High Court enforcement officers, at the court hearing. Some Judges may be unhappy with the request, as they may feel the court can deal with the eviction, in a timely manner, and may refuse to grant leave.
Once leave has been granted, then your possession claim can be transferred to the high court. This involves further paperwork and a court fee.
For many properties in London, it makes financial sense using high court enforcement, due to potential rent loss, delay in the eviction taking place by using a county court bailiff.
If you want to use the county court route, or the high court route, as a BLA member Landlord Advice the UK can quickly deal with the eviction on your behalf.
Check our FAQ below the form, or download – What bailiffs can and cannot do, click here.
Bailiff Enquiry Form
Do police help bailiffs to evict my tenant?
They can, however, only if the County Court bailiff is executing a warrant of possession evicting squatters. Not if the bailiff is executing an order to recover a sum of money from the tenant.
Can bailiffs take my tenant’s car if its on finance?
No, not if the tenant does not own the car until the final payment has been made
What are Court bailiffs not allowed to take?
Exempt goods and anything not belonging to the tenant. Items that are necessary for the tenant’s employment, education or business to a maximum allowance of £1350 combined value. Items are necessary to the basic needs of the tenant and his families, such as a chair, bed, washing and cooking equipment, non-movable items and heating.
Can bailiffs remove tenants good in tenants absence?
Yes. Provided the tenant has been given a Notice of Enforcement. The Bailiff cannot break and enter using a locksmith to a domestic property
Can a bailiff enter the let property?
Yes, provided the bailiff does not use force or apply force to a door or a person. Bailiffs can enter an unlocked door. County Court Bailiffs cannot enter a locked door. Court Bailiffs can enter a door with the key in the lock by turning the key
Can bailiffs enter when my tenants are not there?
Yes, only if the tenant leaves the door unlocked, or the key in the lock.
Can bailiffs do an attachment of earnings?
No not court bailiffs. Bailiff’s authority extends to taking control of goods to pay a debt only.
Can my tenants be arrested for using force to remove a bailiff?
Yes, however, the arresting officer is at risk of an action brought against the force for wrongful arrest and unlawful imprisonment. Court case: Foulkes -v- Chief Constable of Merseyside Police; CA 9-Jun-1998 is worth noting.