Frequently asked questions... |
Questions and Answers
What goods can you take when levying distress? |
| If the rent is in arrears the Landlord can seize
and distrain all the goods & chattels in the property from which
the rent is due, regardless of their ownership. |
When can you go? |
| Distress can be levied on any day of the week (including
Sundays) between the hours of sunrise and sunset only. A distress
for rent before sunrise or after sunset is illegal even if there is
some day light. |
Do I need a court order to use a bailiff? |
| No. Distress is a Common Law remedy going back to
at least the 13th Century. |
Can bailiffs collect any debts? |
| No. Certificated Bailiffs can only collect unpaid
Commercial Rents, unpaid Parking Fines, unpaid council tax, unpaid
V.A.T and Income Tax and unpaid National Non-Domestic Rates. Bailiffs
are not Debt Recovery Agents. |
Am I able to use bailiffs for collection of
unpaid rents from residential properties? |
| No. Bailiffs are not allowed to levy distress on
residential tenants. |
Is it true bailiffs can break into premises? |
| No. Bailiffs have no right to force their way into
premises. They must enter in the same way as the public do –
or not at all. |
Can I lock my tenants out if they don’t
pay the rent? |
| You can use the remedy of Common Law Forfeiture to
peaceably re-enter the property and change the locks. However, you
will have to recover unpaid rent through the courts. |
Can bailiffs act if the tenant is approaching
insolvency? |
| In situations where a Tenant is in Liquidation,
L.P.A. Receivership or Administrative Receivership – the remedies
of Distress and Forfeiture can usually be applied. This does not apply
when a Tenant is in Administration. |
Who pays the bailiff? |
| For Levying Distress the Bailiff charges the
Statutory Levy Fees laid down by the Department of Constitutional
Affairs. These are due and payable by the tenant once Distress has
been levied.
In the event that distress is not levied for any reason the "reasonable
costs & charges" of the visit would normally be met by
the person or company instructing the bailiff. |
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