Landlords' Options on Bailiff's First Visit
& Matters Arising

A recent alteration to our standard form of Warrant to Distrain gives, at the bottom, three options for the Landlord relating to his instructions to the bailiff.

The first two, viz: 5 days or 3 days, relate to the amount of time the Landlord wants to allow the defaulting tenant during which he must pay the outstanding arrears. In either case the time period relates to the Walking Possession Agreement.

The third option "Levy & Remove Immediately" presupposes that on the bailiff's first visit he will arrive with sufficient transport - vans etc, to remove the goods distrained upon. This situation will arise if the tenant is unwilling or unable to provide either cash, or bankers draft immediately. It's worth bearing in mind that the Landlord is not obliged to enter into a Walking Possession Agreement - this is always concessionary - and he can always "Levy & Remove" on the first visit if he wishes.

As often as not in this situation payment is made. However, it is important to note that the tenants will still have to pay for the transport costs incurred - even if the goods are not removed. (Distress for Rent Rules 1988 - Appendix 1, Paragraph 5)

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