When is the bailiff able to distrain?

The right of the landlord to distrain exists automatically when land or premises are let. To be able to distrain, the rent must be in arrears by at least one on a current tenancy. The tenant has until the last minute of the day that is fixed for payments and distress cannot be levied until the next day. The landlord may distrain on the day immediately after the rent has fallen due for all or part of the arrears. The landlord need not demand the rent before distraining unless this is stipulated in the tenancy agreement.

Do I need a Court order first?

Generally, leave of court is not required. Distress is a common law remedy, this allows the bailiff to proceed quickly in the collection of outstanding rent and provides the landlord or his agent with a highly effective means of recovering sums due. The bailiff is also able to terminate a lease by way of peaceful entry into the property and changing of the locks to ensure the tenant is unable to regain access.

How do I instruct the bailiff to act?

There is usually no need for Court action so simply download and complete our rent warrant (Adobe Acrobat PDF Format). The rent warrant gives our bailiff the authority to proceed on your behalf. If you want to regain possession of your property and the lease agreement allows this then use our warrant to enter (Adobe Acrobat PDF Format)
What happens when the bailiff attends?
Normally the bailiff would levy (seize assets) to cover the warrant amount and also request payment in full. If the tenant is unable to make payment in full then they could be asked to enter into a walking possession agreement which allows a further short period of time for the tenant to arrange payment. If the tenant fails to make payment or come to a suitable payment arrangement then the bailiff is able to return with the intention of removing the assets. If necessary the bailiff can force entry to gain possession of the seized goods.
Do you remove assets on every occasion?
No. We actually remove assets in very few cases -  it is the threat of removal that normally generates payment. The bailiff would only remove assets if it was absolutely necessary to do so.

Can a bailiff collect residential rent arrears
No, the bailiff is only able to collect commercial rent arrears.
Can the bailiff force entry into a property
No, a bailiff is not initially able to force entry. However, if they have seized goods then they can force entry to remove these.
 

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