Sign up for my Weekly Tips on a Tuesday (and get a free guide)>> Click here

Can the bailiff who evicts a tenant seize goods?

bailiffHere is a question to the blog clinic from Robina (not her real name) who is a landlord

I was recently told by a judge that if a tenant is evicted for private (not commercial) rent arrears, the bailiff who carries out the eviction has the right to seize any of the tenant’s goods that are present in the property at the time of the eviction (and sell them and apply the proceeds toward the rent arrears).

I am curious as to whether, if this is true and the bailiff did not seize any of the goods, that can later be used as a valid argument or evidence even in deciding that the tenant’s goods were without value.

The court bailiffs do have the right to do this but in evictions they very rarely do.  Probably the main reason for this is that most landlords are just concerned to get their property back.

Levying execution on goods is not a very good way to recover a debt, not in most evicting tenant situations anyway.  Tenant’s who are being evicted for rent arrears rarely have anything of value.

If you bear in mind that certain goods the bailiffs cannot sieze anyway (I can’t remember the details but its something like personal clothes, household necessites and the tools of their trade), then that does not normally leave very much.

Add to that the fact that the judgement creditor (ie the landlord in this situation) is personally  responsible for the bailiffs’ costs of removing and storing items pending sale and the fact that the sale price of goods at these auctions rarely come anywhere near the value they would have had new – and you will often have a situation where the landlord will end up paying hefty sums of money to the bailiffs.

As regards the second part of your question, the bailiffs are not valuers and any failure to levy execution on goods should not be taken as an indication of their value.



(See also the comments area below and >> click here to read our terms of use and comments policy)

Buffer

Important note. If you are reading an old post, remember that the law may have changed since it was written.





Landlord LawLandlord Law exists to give help & support to landlords


To find out more and the Seven Free Services you can use on Landlord Law RIGHT NOW!


>> Click Here





Sorry, comments are closed for this post.




»

«

About the post author:

Tessa Shepperson

Tessa is a lawyer specialising in residential landlord and tenant law. She runs the Landlord Law website (now in its 12th year) and is a director of Easy Law Training Ltd and Your Law Store. Tessa also sits on the Property Redress Scheme Council. When not working she enjoys reading, cooking and messing around on the computer. You can also find her on Google

The Landlord Law Blog from Tessa Shepperson

Tessa is an English lawyer specialising in residential landlord and tenant law.


Legal Services

Legal services are provided via Tessa's online service Landlord Law. Some advice services are provided by Tessa, other legal services are provided by specialist housing firm Anthony Gold.


Disclaimer

The purpose of this blog is to provide information, comment and discussion. Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts. Any comments or suggestions provided by Tessa or any guest bloggers should not therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.


Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service - so far as the questioners only are concerned).


Guest bloggers

Please note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.


Other websites from Tessa

Lodger Landlord | Google+ | Your Law Store | How to Evict Your Tenant website | the Which Tenancy Agreement Guide | Landlords Tips | Tenants Tips | Landlord Law Store