Bailiff and eviction because landlord has debts?

[Terlouw Advice]

Hello,

A little help please.
My client is renting a house from a private landlord.
-he is not in rent arrears- and lives there only a few months now.
Last night the bailiff came by to take possession everything in the property.
They came for the landlord, as he did not pay a bill (non disclosed) of £600,-
The landlord told the bailiff that they could take whatever they wanted.
My client (very limited in English) made the decision to pay the £600,- even
though it was not his debt.
I know that he should not, but he did.
For him it would be also very hard to go against the bailiff as his English is very limited
and frankly the bailiff would not even care.

But this morning he also received a notice of eviction from the bank, as the
mortgage is not paid/ in arrears/ etc.
I did not see that document yet, so I cannot say so much about it until then.

As this is way above my head, I already referred him to the CAB for the eviction.
I know that if the bank does not want him in the property he will have to leave sooner or later.
But in addition to this, my client is over a £1000,- ahead of his rent payments.
(Landlord needed money and my client kept giving.)


I would like to ask you what to tell the bailiff in this case?
As for sure the landlord will never give back that £600,- but can my client
ask it back from the bailiff?
As they took the money although he did not understand his rights about this.

And for the money that he paid for rent in advance, does he stand a chance?

Thanks

Patric

[Terlouw Advice]

Re: Bailiff and eviction because landlord has debts?

Update:

The bailiff response:

The landlord agreed over the phone that we're able to reposes the items belonging to the tenant.
So the bailiff confirmed to me that when a landlord (debtor) tells them that they can take property
that does not belong to him, that that is enough for them.

I know that if you are in debt you have to proof that items are not yours to prevent them taking it.
But if the debt is not yours, you also have to proof them that they are yours?

And another question, the bailiff in question was wearing a bodycam (confirmed by them over the phone to me)
Are my clients able to use that footage against the bailiff?

[Kati]

Re: Bailiff and eviction because landlord has debts?

:bump: for [MENTION=15129]Crazy council[/MENTION] [MENTION=30402]Milo[/MENTION] [MENTION=9189]bizzybob[/MENTION] ???

[nemesis45]

Re: Bailiff and eviction because landlord has debts?

Update:

The bailiff response:

The landlord agreed over the phone that we're able to reposes the items belonging to the tenant.
So the bailiff confirmed to me that when a landlord (debtor) tells them that they can take property
that does not belong to him, that that is enough for them.

I know that if you are in debt you have to proof that items are not yours to prevent them taking it.
But if the debt is not yours, you also have to proof them that they are yours?

And another question, the bailiff in question was wearing a bodycam (confirmed by them over the phone to me)
Are my clients able to use that footage against the bailiff?

You mention You mention "Your Clients " in what capacity do you act for them please "?

nem

[Terlouw Advice]

Re: Bailiff and eviction because landlord has debts?

My clients (all of them) are only speaking foreign languages.
I help translate, fill out paperwork, accounting etc. etc.

Patric