Threatening County Court Bailiffs..can they force entry into a residential property ?

[Peterbard]

They can't - Many people have a misconception that the bailiff can apply to the court to force entry if a debtor does not grant access. This is of course ridiculous. There would be no point issuing a writ/warrant without the ability to force entry if all that it took was another visit to the court to obtain permission to force entry.

 

see that the bailiff is not going to succeed and that you do not own your own home.

 

Unlikely sure, not impossible

 

Application for power to use reasonable force

 

20(1)This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.

(2)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised

[ploddertom]

Unlikely sure, not impossible

 

Application for power to use reasonable force

 

20(1)This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.

(2)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised

 

Starts at Para 15 and continues thro to Para 30, and is used by both County Court Bailiffs & HCEOs.

[Debaters Reply]

HCEOs and CC bailiffs can't force entry into a residential property unless they've gained previous entry or it's an eviction. The provisions stated are for residential premises.

Edited July 5, 2017 by Debaters Reply

[Peterbard]

HCEOs and CC bailiffs can't force entry into a residential property unless they've gained previous entry or it's an eviction. The provisions stated are for residential premises.

 

Believe me, this is a very old topic for some of us. Broadly speaking you are correct, however, the section I quoted is there in the regulations, no matter ow much we tried to get it removed.

 

Also, there is the facility to force entry when goods are located in another place under section 15/21.

 

Sorry if you are referring to the ability to force entry into business premises, that would be Section 18A

[Debaters Reply]

Believe me, this is a very old topic for some of us. Broadly speaking you are correct, however, the section I quoted is there in the regulations, no matter ow much we tried to get it removed.

 

So HCEOs can force entry into a residential property without previous entry? I'm sure that's not right.

[Peterbard]

So HCEOs can force entry into a residential property without previous entry? I'm sure that's not right.

 

Not what I said. They would need to apply for a warrant under section 20, these are V hard to obtain, however, it is not impossible to get one.

[Peterbard]

The point is that the bailiff is not telling lies when he says that he can apply for a warrant to force entry, as the power does exist.

[Debaters Reply]

The point is that the bailiff is not telling lies when he says that he can apply for a warrant to force entry, as the power does exist.

 

Looking at the Sherrifs Office website, they say that forced entry can't happen. I'm not entirely sure what argument could be used to force entry for a civil debt without previous entry.

[Debaters Reply]

The point is that the bailiff is not telling lies when he says that he can apply for a warrant to force entry, as the power does exist.

 

Looking at the regulations, there seems to be only 2 circumstances where an application would be allowed -

 

1- the enforcement agent is attempting to recover a debt enforceable under section 127 of the Finance Act 2008(1); or

 

2- the premises are premises to which the goods have been deliberately removed in order to avoid control being taken of them;

 

So to me it seems that forced entry into the debtor's home would not be allowed.

[Peterbard]

Keep reading down the section, you will find this

 

(d)in all the circumstances it is appropriate for the court to give an authorisation, having regard (among other matters) to—

(i)the sum outstanding;

(ii)the nature of the debt.

 

BA is right, it was just something I thought must be borne in mind when you say the bailiff is misrepresenting his powers etc.

[Peterbard]

You didn't put the full section number at the top. bit I assume you are referring to paragraph 20

 

I think that we are all aware of the legislation regarding forced entry, but thanks for that, it was nice to see it again.

 

I do not agree with your last statement, regarding the subsection of section 28, sorry.

 

That is about all that needs to be said on here.

[Peterbard]

OK . There is no misinformation on here, at least not written by my hand, this is your opinion.

 

Please provides the name and proof, as well as qualification of this" highly respected authority", if not I, will request the site remove this claim as unsubstantiated.

 

You are wrong. The origin of the statement was in reference to a comment that the bailiff was misrepresenting his powers in stating he could apply for a warrant to force entry on a civil debt, he is not because he can apply. There is sufficient leeway under section 28 of the regulations for the judge to issue a warrant if he thinks it is in the interest of justice to do so.

 

saying that a bailiff can't force entry is quite acceptable advice, however, to say you can sue a bailiff for misrepresenting his power when saying he can apply for a warrant is not correct because it is possible within the law as it stands to do so.

However unlikely that application is to succeed. There is no misrepresentation.

[Peterbard]

I should add that forced entry to specified premises is regularly permitted under warrant, this is for all debt types.On first attendance.

 

Section 21, also in those cases the police may be asked to assist.