Bailiff come in many shapes and forms. In general terms a bailiff is any legal or financial officer of a corporation, landlord, tenant, or mortgage holder who has the authority to recover money or goods owed to him. Bailiff have the authority to seize items of a person’s possession. They may do this by physically coming into a home or business to serve a legal warrant, or they may use other methods such as sending a letter or posting a bond.
A bailiff’s main role in an eviction procedure is to make sure that the evicted tenants are given notice of the date and time of the hearing. This gives them enough time to pack up belongings and remove personal effects prior to the eviction date. If the court happens to grant an eviction, then the bailiff can legally remove the property from the premises.
However, not all bailiff actions are peaceful. There are times when bailiff must give the tenant a warning prior to removal. The warning could be a recorded message or a verbal announcement that the bailiff have received your notice and will be removing you from your premises at a specific time. In addition to the warning, the bailiff must give you at least 7 days notice before beginning any removal work. This gives you enough time to prepare your belongings and arrange alternative places to live while the eviction takes place. Failure to give the eviction date at the right time could result in a lawsuit claiming that you were given too little notice or that the bailiff abused their rights by coming onto your premises without a warning.
A common practice by bailiff is to use force entry to remove people from a home or office. Although they may have the legal authority to do so under certain circumstances, they may not use force unless they are confronted with resistance. Even then, it is not guaranteed that they will use force if the situation is one that would warrant police intervention. In order to avoid police intervention, many people prefer to pay their outstanding court fines by accepting the eviction process themselves.
There are two types of bailiff eviction: court orders and non-court orders. A court order will allow police to forcibly remove a person from your premises on your request, following an eviction notice. Non-court orders allow bailiff to enter your home or business premises with no prior notice and no warrant. These orders usually specify a period of time in which you are required to leave your property. This can vary between one month and two years, depending on the local court’s priorities.
If you are not a resident of the United Kingdom or are not ordinarily resident in the UK, you may have little standing to argue in court against a bailiff’s eviction. Instead, you may wish to consider consulting a qualified solicitor. While they cannot give you legal advice, they can advise you on your rights and options and provide a referral to an experienced court case expert. Your lawyer will be able to better explain your rights and options, and give you advice on the best route for you to take in resolving your matter. Some bailiff may even choose to act as your advocate in court. Before taking this step, however, you should ensure that your court hearing is judiciously attended to, and the court does not dismiss your case without giving you the chance to defend yourself against your eviction.