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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice
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can a bailif walk in to my shop and demand money without a

Resolved Question:

can a bailif walk in to my shop and demand money without a court order ?.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Could you explain your situation a bit more please?
Customer: replied 3 years ago.

the landlord promised to fix leaking roof in march 2013 . I paid the rent quuarterly every time . But when the rent was due on the 1st of january i refused to pay it until he fixed the roof as promised . he said he would fix it untill i paid the rent ,so the bailiff turnedup on the 3rd of febuary demanding £1.870 which included his fee of £745 . which i paid.

Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

I'm afraid that commercial rents are much easier to enforce than residential and bailiffs can attend without a warrant.

Obviously the bailiffs fees do need to be proper and £745 seems a huge amount for what must have been very little work. You can challenge that for over charging.

But, in principle, they can do that.

I'm afraid that with holding rent is never the way to enforce things like this. The way to enforce it is to do the work yourself and sue for the cost or seek an injunction forcing him to act.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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