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Sometimes enforcement measures are necessary to ensure the successful payment of debts, which can involve going into premises to seize goods. However, there is strict legislation governing when bailiffs and High Court Enforcement Officers (HCEO) can enter commercial and residential premises.
Neither bailiffs nor HCEO can demand access to residential properties unless they have previously been forcibly removed or have a signed walking possession agreement. They can, however, enter garages, out houses, stables or barns by force, if these are not connected to the living quarters.
Bailiffs and HCEO can also gain access to the grounds by climbing over any perimeter barriers and then enter the property through an unlocked door or open window. Once inside the property, they can then knock down any internal doors to find the defendant's goods.
In terms of commercial premises, bailiffs cannot forcibly enter without permission from the Court, while HCEO are able to go in and take possession of the defendant's goods as long as the premises are not attached to, or part of, a residential building.
HCEO can also visit other addresses not included on the writ, such as a business premises, a registered office or a director's home, although the registered office is covered by the rules for residential properties if it is also the director's house.
Debt collectors, meanwhile, have no power to enter premises and take goods, and usually write to or telephone the debtor instead.
To find out more about how we can help you, please contact Carvill & Johnson in Northfield, Birmingham. |
