Disability, bailiff, right to entry…

[RainbowBrighite]

Complicated one.

Court bailiffs, warrant of control. I believe issued when adult B was sofa surfing/ of no fixed abode. It’s by the by I guess by now but debt was possibly not their debt originally (possible financial abuse), they are intellectually disabled to some level with MH problems and probably should have refuted it.

Adult B moved in with Adult A who lives in social housing. Not on the tenancy agreement but after advice they do pay council tax, rather than claim single person discount with two people living there. Relationship, adult A has a similar disability-neither can really read fluently and certainly can’t comprehend letters without support.

Adult B has no items they own, moved in with clothes only. Too chaotic to make a universal credit claim etc. gets DLA only as income. Adult A does have some low value goods, second hand TV/ games console and furniture.

Adult B has been traced by bailiffs to the property who have sent the warrant of control with a date.

• can they enter the property if B paying towards council tax, but not the tenancy. They do stay there and have for a few months, but own nothing bar some clothing in the property / don’t pay rent etc.
• how can adult A protect their property? Receipts are unlikely as it’s all second hand/ off selling groups over the years or gifts.
• what advice would you give, bearing in mind their limited capacity for on the spot verbal communication- they both have notable difficulties with communicating due to disabilities

thank you

Agree with this. If they’re in a HA flat then they should have access to debt advice through the HA.

You seem fixated on what items bailiffs can take. They can't take anything if you don't let them in!

You have to call the enforcement company and advocate for them. Tell them they are classed as a vulnerable household, ask what the debt is for and get a hold placed on the account.

If the debt is with the council you can then contact them directly. Call a debt charity if the debtor needs help creating a budget to work out their best options.

This is the case before it's been to court. Unfortunately there's no time limit on enforcement once a judgment has been made. The creditor will have had to reapply for a warrant because the judgment was over 6 years ago but the debtor is not informed of this application.

Apologies you are quite right Lowsley v Forbes.

If there is nothing there worth taking the bailiffs won't take anything. They can't take anyone else's stuff, but they may have to prove it belongs to the other person. They would be looking for money, tvs, electrical equipment and other valuables. I don't think most of the op's post is relevant to bailiffs. If they turn up it would be good if there was someone there to explain the situation and find out exactly what the debt is for and how much it is if the person involved is confused about it all.

Please raise a safeguarding concern through the council website or phone line (if phoning say the word safeguarding).
As both people have care and support needs and are at risk of having items forcefully taken from their home - they should qualify for some intervention from social services. They may well be able to stop the bailiffs whilst this is sorted out.

There's a lot of incorrect information on this thread. E.g. the TV is not an "essential item" according to gov.uk, it's specifically listed as something they could take if it's not made clear B doesn't own it.

There's good info here OP (different link to the one a PP posted from the same site) about how and when they can gain entry, what they can take, who is classed as a bailiff etc:
https://www.gov.uk/your-rights-bailiffs