Are bailiffs allowed to climb over locked gates/fences

[Peterbard]

I think the OP just needs to be reassured here. Never Happen

 

The bailiff does not even have any powers at this point, and after such a time he would have to apply to the court under CPR83, to have a warrant issued, which after 13  years they would be V unlikely to issue.

[E Munch]

As others have said and the OP understsands there is specific wording to say that an EA can only entrer premises via an unlocked door or other usual means of entry (for instance in a commercial building access may be via a loading bay which is not really a door.) 

 

There is no talk in the regulations of gaining accces over a fence to a garden to get to the outer door of the house and no case law which has examined if the usual means of access applies to, for instsance, a small ornamental garden fence that could be stepped over. I think if it wass a 6 foot fence with a locked gate it would be considered wrong to climb over but it would be down to a court to decide.

 

Even if the rules were certain, people don't always follow rules and what about burglars?

 

I think the OP should encourage his mother to keep the back door locked to keep out ne'er do wells of any sort.

 

Apart from her safety, insurers may not be keen to pay out if you leave a door unlocked for thieves to enter and pinch stuff.

[brassnecked]

Have to agree with E Munch, if a fence is like a foot high and say a small shrubbery that can be stemmed over, it would be down to a court, however if the bailiff was attacked by a couple of vicious cats, or a small dog lurking under the shrubbery then that would be their own fault. Especially if any door was locked.

[Peterbard]

I think the OP just needs to be reassured here. Never Happen

 

The bailiff does not even have any powers at this point, and after such a time he would have to apply to the court under CPR83, to have a warrant issued, which after 13  years they would be V unlikely to i

[Peterbard]

57 minutes ago, brassnecked said:

Have to agree with E Munch, if a fence is like a foot high and say a small shrubbery that can be stemmed over, it would be down to a court, however if the bailiff was attacked by a couple of vicious cats, or a small dog lurking under the shrubbery then that would be their own fault. Especially if any door was locked.

BN 

Stepping over a marker which the owner clearly intends to mark the periphery of his property is clearly illegal. Doesn't mater if it is a piece of string or a ten foot wall

 

The act does not prescribe entry by any means that isn't too difficult.

[brassnecked]

Thanks DB but the temptation for a bailiff to step over might be too great, presumably if there is an unlocked gate to open and walk through then all is OK.

[Peterbard]

51 minutes ago, brassnecked said:

Thanks DB but the temptation for a bailiff to step over might be too great, presumably if there is an unlocked gate to open and walk through then all is OK.

 

Perhaps BN, but the regs says "usual means of entry." I would say a rope around your garden would no be usual means .

 

It is interesting though as some say the warrant only applies to the home itself. Personally, I think access to the periphery of the premises is an implied term within the warrant. As without legal access to the garden the warrant could not be served at all.

[sinkorswim]

Thanks again for all the interesting input, I personally would say climbing over a 6ft fence with permenantly locked gates is not a "usual means of entry" but who says they all follow the rules. Only time the back door to the property is left open is when grandkids are playing in the garden.

Edited March 23, 2019 by sinkorswim

[sinkorswim]

I would guess climibing over a 6ft gate is a no-no according to section 59

 

59. Enforcement agents must only use a door or usual means of entry to enter premises.

[brassnecked]

If two thuggish looking individuals were seen climbing over a six foot fence into a garden where young children were playing whether legal or not, a passer by might dial 999 and the bailiffs would be having collars felt until all was sorted.

[ploddertom]

"59. Enforcement agents must only use a door or usual means of entry to enter premises."

 

This comes from the National Standards and must be read in conjunction with Para 3 which states:

 

3. We recognise this document is not legally binding, but offer it as a helpful tool for the industry and for creditors which, it is hoped, will inform their own arrangements and against which they may benchmark their professional standards.

[sinkorswim]

1 minute ago, ploddertom said:

"59. Enforcement agents must only use a door or usual means of entry to enter premises."

 

This comes from the National Standards and must be read in conjunction with Para 3 which states:

 

3. We recognise this document is not legally binding, but offer it as a helpful tool for the industry and for creditors which, it is hoped, will inform their own arrangements and against which they may benchmark their professional standards.

 

I guess that is why it is hard to get a definitive answer.

[ploddertom]

Which is why I referred to the Legislation back in Post 11.

[Peterbard]

Yes as Plod says. This is the regulation, which is made under the power of the act and therefore definitive. 

 

Mode of entry or re-entry to premises

20.  The enforcement agent may enter relevant or specified premises under paragraph 14 or 15 of Schedule 12 respectively, or re-enter premises under paragraph 16 of Schedule 12, only by—

(a)any door, or any usual means by which entry is gained to the premises (for example, a loading bay to premises where a trade or business is carried on); or

[Peterbard]

I have to say, if anyone stepped over my small partition and trampled my plants, I would have him by the Hollyhocks.

[ploddertom]

I would hate to think of the conditions of his Stamens then.