Bailiffs visited our rental demanding LL money?

[jalapen0]

We’ve just had a very strange situation whereby a bailiff came to the door and hand-delivered a ‘removal imminent’ notice. We rent this property and the letter was addressed to our landlord, but I’m not sure what to do?

Despite advising we are not the people named on the letter, the bailiff said that because we reside in the property, we are responsible for the money owed!! We’ve messaged our landlord but what are our rights and what do we do if they come back? The only things in the property are ours!

Don't let them in. He's talking bollocks, how can you be liable for your LL's debt.

Contact your landlord, don't message - phone him! And keep phoning.

You need help from Citizens’ Advice Bureau or Shelter, tomorrow.

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/stopping-bailiffs/stopping-bailiffs-if-you-dont-owe-the-debt/#:~:text=If%20it%27s%20someone%20else%27s%20debt&text=Tell%20them%20you%27re%20not,your%20partner%20or%20a%20housemate.

I think the bailiff is talking shite. Ive heard of cases where a partner of the debtor lives with them and they have to prove that the goods in the house is actually theirs and not the debtor's. But I'm assuming you have a legal rental agreement (and aren't illegally subletting) and are in the electoral roll at the address (and the LL is not).
I think you need to call citizens advice or better still a solicitor.
I trust the LL doesn't have post etc still going to the property because these are things bailiffs check to establish who lives there.

But you are absolutely not liable for his debts on account of renting his house!

Thanks for your advice. I was a bit dumbstruck to say the least…! Good to know that they’re talking rubbish. I’ll check out Citizens Advice this evening.

Yes all above board rental agreement, so no problem there. Landlord still does have random bits of post delivered here, but hopefully that’s more a legacy issue!

I had bailiffs at the door once, demanding entry to take items that would settle a debt.

It wasn't my name on the letter though, I presume was the previous tenant. I just told them that, and they went away and never returned...

I could have proved my identity - could have shown passport, etc, in my name - but they didn't ask me to, they just took me at my word.

As far as I've been told by others this isn't that uncommon and they certainly don't have any right to force entry if you aren't the debtor... Worth having ID handy in case they return so you can prove who you are.

Wish you all the best!

You are under no obligation at all to let a bailiff enter your house. Don’t open the door to them. They’re trying their luck and have no rights at all to take your belongings.

If they come back, don't open the door and don't let them in

Phone their company and explain

Some bailiffs are dreadful bullies and tell all sorts of lies.

Only thing I’d add, OP, is to also ask Citizens Advice about rental rights in repossession situations, and potentially to start looking at other rental properties. We had this situation, and the flat we were renting ended up being repossessed. We moved out before that happened to avoid all the bailiff hassles continuing - but it was a long time ago so the legal situation may well have changed since then.

From experience of living in rented flats in my 20s, bailiffs are usually reasonable if you explain that you’re not the named person and that you/you and DP been the sole occupant(s) for X months. They look for addresses associated with a name so it makes sense that they’ve found your place if they’re looking for your landlord. Keep ID and the council tax bill handy in case they come to the door. You can phone the number they’ve left and tell them that the person they’ve named doesn’t live there.

Thanks, will definitely check out our renting rights! Was a bit blindsided but thankfully sounds like they just try it on with whoever opens the door.

You’ve made me feel a lot calmer, so thanks again all.

Scary that it doesn’t seem to be that uncommon an occurrence in the rental market…

The fact that it’s your landlord makes it trickier. It was usually utility bills when I dealt with bailiffs looking for old tenants. Stupid really because the utility company knows that Mr X has left the address as there was a month of no usage and they’re now selling gas to the Miss Y, but the debt gets sold on and collectors chase the last known address.

If it’s got to baliffs I would be wondering if he defaulting on the mortgage or in financial difficulties

Do not open the door then walk away to fetch id or something. If the door is open they can come in, because it doesn’t count as forcing entry. You need to keep the door closed and deny them entry.

Did they leave any paperwork?

That bailiff is talking out of their arsehole.

They probably just tried to frighten and intimidate you, in case you were lying about not being the names debtor.

Do not let them in.

Bailiffs are perfectly reasonable, but their job is dealing with arseholes trying to avoid their debts.
Call their office and explain the situation. They may ask for evidence, which obviously you don’t have to give them, but makes sense to get rid of them. Give them the landlord’s address and phone number, or put them in contact with the letting agent.
As PP say, don’t even open the door to them, and make sure they can’t just stroll round and walk through the back door.

Thanks!
@SiouxsieSiouxStiletto they left a letter with their details and our LL name/details on. Plan is to call them first thing tomorrow to confirm that we are not the named debtor and pass on further information.

And yeah we’ll be sure not to open the door to randoms (potential bailiffs) until this is sorted.

Dig out your tenancy agreement as this will state if it was furnished/unfurnished and will have an itinerary.

Are they debt recovery or court ordered bailiffs? One has legal rights to seize property so be careful. They are usually used in repossessions.

Since you have their number give their office a call and see what proof they will accept that you don't owe it, usually a council tax bill is enough. Good luck.

If there's any trouble and they did gain access, call the police and say you have an intruder in your house. Since you are the legal tenant they have no right to be there.

We rented somewhere years ago where the tenants left a telly. They told the landlord they did not want it.

We were delighted when the landlord said we could have it as we were young 20 somethings with very few possessions.

A month or two later a bailiff from one of the rent to buy places turned up to repossess it. He looked rather surprised when we shrugged our shoulders and said ok then here you go. (By that point we worked out the previous tenants were not the nice young professionals our lovely but naive landlords believed them to be - they left a trail of destuction including a flea infestation, court summonds from the Council for unpaid Council Tax, a disconnected phone line and regular "specialist" catalogues through the post.)

No you absolutely do not owe then your landlords debt nor are you required to give them your identity.

Do not let them in and lock all the doors. They have no right to force entry into a residential property but might try the doors to see if they will open.