Bailiffs

[Mrs bevan]

Hi can anyone help......I rent a room as a nail salon within a hairdressers and pay rent weekly, today a bailiff arrived and apparently the owner owes a lot of rent, he has given her 21 days to clear it or he will be coming back for goods this includes my nail stuff 2desks 6chairs and stock , does anyone know if I can legally with hold the next 3 weeks rent in case it doesn't get sorted
Thanks
Midge

 

[Christine Mary]

If I were you I wouldn't wait. I'd pack my kit quickly and go.

 

[hazeleyes]

If I were you I wouldn't wait. I'd pack my kit quickly and go.

Me too. I think I would be outta there ASAP!

 

[beauty212]

Get outta there xx

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[Jen889]

Hi can anyone help......I rent a room as a nail salon within a hairdressers and pay rent weekly, today a bailiff arrived and apparently the owner owes a lot of rent, he has given her 21 days to clear it or he will be coming back for goods this includes my nail stuff 2desks 6chairs and stock , does anyone know if I can legally with hold the next 3 weeks rent in case it doesn't get sorted
Thanks
Midge

i'm not sure if bailiffs work the same everywhere but here (canada) bailiffs can seize your belongings within the owners property and you would have to go to court with proof that the things are yours. it's not terribly complicated and really not that stressful as they have no legal right to hold your things since the papers served aren't in your name.

If i were you, i would call a solicitor for advice as taking the seized property (so the stuff that's written on the paper the bailiff gave you) out of the premises is against the law. you will probably still have to go to court with proof, like bills, that the items are yours and not the owner of the buildings.

 

[Kim Lawless]

I agree. Pack your stuff and leave now and don't pay her anymore rent as she's not concerned about your welfare! Gosh, the way that some people live their life.

I really don't feel that you owe her too much of an explanation either as she's not taken your business into account.

Don't worry too much as salons are struggling so go into every busy hair salon on the high street and ask to rent a space in the front.

Good luck. x

 

[Mrs bevan]

Ha ha don't know how to do a quick reply.......thanks for answering my query it's such a rotten position to be in I have a full book and don't want to let clients down also one of the hairdressers has agreed to buy it from her so I'm hoping it can be sorted in the 3 week time span iv only ever rented space to myself this is the 1st time iv been within a salon I had to get my hubby to come down sneak in the back door and load my stock in the car before the bailif noted it my daughter that works with me had a client the same as me so they helped as well ....how embarrassing
Midge

 

[libbylou]

there are only certain things a bailiff can sieze, anything classed as tools of trade CANNOT be siezed.Bailiffs mainly use scare tactics and rely on you not knowing this, personally i would explain to your landlord that untill its sorted you are with holding your rent, in the mean time look for some where more stable xx

 

[Rach Dilks]

Seek advice from Citizens Advice Bureau find out where you stand with you stuff and DON'T pay her any more rent till you know where you stand! Good luck

 

[virtues2011]

Why would you withhold your rent you're still there working? I'm sure like most rent a space/rent a room people you are on easy in easy out terms. The owner could give you your notice tomorrow to vacate with probably less than a weeks notice. Forgive me if I'm not understanding your situation but I don't see what relevance you withholding rent is going to achieve to be honest. Someone correct me here - If you pack up and leave fair enough!

 

[LocksOfLove]

Why would you withhold your rent you're still there working? I'm sure like most rent a space/rent a room people you are on easy in easy out terms. The owner could give you your notice tomorrow to vacate with probably less than a weeks notice. Forgive me if I'm not understanding your situation but I don't see what relevance you withholding rent is going to achieve to be honest. Someone correct me here - If you pack up and leave fair enough!

I agree with you there Virtues.

If your uncomfortable then pack your stuff and go. If not don't hold up your rent, it will only make matters worse.

Legally a bailiff can seize stock and items relating to a business to repay the debt owed as per the warrant/court order. A bailiff cannot force to enter the property but can go through a back door/window etc and can if required use force once in, so be cautious if he comes back and it's not sorted. If he takes your property you'll have to prove it is yours and try and get it back before it's sold on (they keep the property for a minimum of 7 days) The salon owner will have known about this for ages and must be at least 2 months behind for a warrant to be executed - If not more as she has probably tried to resolve it or made partial payments. If someone is buying it off the owner this will not be completed in 3 weeks even if she is a cash buyer - there's valuations etc that will have to take place and if a commercial mortgage is required that will take even longer. But selling it has not resolved the current debt, so he will still probably come back unless she either clears the debt or rectifies the situation by making a payment plan until the property sells.

I worked in an estate agents, also was a debt collector for mortgage arrears for 2 years - arrears, bailiffs and court orders are my thing

Hope it goes okay x

 

[virtues2011]

I agree with you there Virtues.

If your uncomfortable then pack your stuff and go. If not don't hold up your rent, it will only make matters worse.

Legally a bailiff can seize stock and items relating to a business to repay the debt owed as per the warrant/court order. A bailiff cannot force to enter the property but can go through a back door/window etc and can if required use force once in, so be cautious if he comes back and it's not sorted. If he takes your property you'll have to prove it is yours and try and get it back before it's sold on (they keep the property for a minimum of 7 days) The salon owner will have known about this for ages and must be at least 2 months behind for a warrant to be executed - If not more as she has probably tried to resolve it or made partial payments. If someone is buying it off the owner this will not be completed in 3 weeks even if she is a cash buyer - there's valuations etc that will have to take place and if a commercial mortgage is required that will take even longer. But selling it has not resolved the current debt, so he will still probably come back unless she either clears the debt or rectifies the situation by making a payment plan until the property sells.

I worked in an estate agents, also was a debt collector for mortgage arrears for 2 years - arrears, bailiffs and court orders are my thing

Hope it goes okay x

I'm not familiar with bailiffs - debt collectors and HMRC I am fully aware of. ha ha I'll think of you if I ever need advice.

 

[Aphrodite26]

I echo what locks of love said as I 2 worked as an estate agent and was also an arrears and repossessions manager. Small world.
If your worried and don't want the hassle of getting your stuff back then get out. Notify your clients your going elsewhere.
Good luck x

 

[Mrs bevan]

I was going to hold on to my rent for the 3 weeks to see if it gets sorted if it did I would give her what's owed, in my contract I have to be given a months notice and likewise for me to her if either parties wanted out , I don't want to do anything I'm not within my rights to do ....but... As she owes over £9000 to her landlord I can only imagine she has been expecting this, and it's not that easy to go elsewhere
Thankyou everyone I'm sure it will get sorted one way or another
Midge

 

[louisenewell]

My other half is a bailiff ....

so if you want it from THE HORSES MOUTH so to speak,when he gets up i will log him on and he can tell you exactly what the law is and what can and can't be done

...bare with me

 

[Nails<3]

I worked for lambeth council and dealt with bailiffs on a daily basis. As far as im aware they cannot take tools of the trade. Also if You are just renting from the salon owner then the bailiffs have nothing to do with you. Its not your debt.

I would pack my stuff and leave. Not a fab environment for clients either if the bailiffs turn up again and start taking items.

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[LocksOfLove]

I'm not familiar with bailiffs - debt collectors and HMRC I am fully aware of. ha ha I'll think of you if I ever need advice.

let's hope you never need it lol

Like I said I wouldn't hold rent either get on with it or leave. It will just turn into a vicious circle. Xx

 

[lucyh]

Hi I haven't read through this properly but thought I may be able to help.

My dad is a qualified bailiff and was a bailiff for 25 years he speciality was business rates and business rent etc if you need any help I can ask him for you. Just send me a message or email me on [email protected] x

 

[Mrs bevan]

After much consideration I am going to move my business just to my mums house until I find somewhere else what a nightmare I was so happy in the salon but it looks like it will close , the owner is in thousands of pounds worth of debt and the stylist who was going to take it over has been advised by a solicitor not to, there are quite a few problems associated with it so I'm sad to go but have no option but thanks to all for your replies
Midge x