Landlords are often unsure of which route to take when a situation arises with their tenant. We have compiled a list of the most frequently asked questions which we hope will assist.
1. DO I NEED A CERTIFICATED BAILIFF?
A look at work of a Certificated Bailiff, and how it differs from a County Court Bailiff and a Sheriffs Officer.
2 WHAT ARE THE TYPES OF BAILIFF?
There are many types of Bailiff, even a Water Bailiff, but for collection of debt Bailiffs fall into three categories. CERTIFICATED BAILIFF, COUNTY COURT BAILIFF,SHERIFF’S OFFICER.
3. CERTIFICATED BAILIFFS
Certificated Bailiffs are sometimes now called Enforcement Officers
. A Certificated Bailiff is a Bailiff certificated in the County Court under The Distress for Rent Rules 1988. This is specifically for Commercial Rent arrears and Local Authority Taxes (See section below)
4. COUNTY COURT BAILIFFS
These are people employed directly by the County Courts for the enforcement and recovery of debt judgements in the County Court. These people cannot hold Bailiff Certificates.
5. SHERIFF’S OFFICERS
Sheriff’s Officers are sometimes called High Court Enforcement Officers. These are people employed by the High Sheriff, which is a political post. The High Sheriff appoints a Sheriff, usually a firm of Solicitors. The Sheriff then appoints a Bailiff company as the Sheriff’s Officers. They will enforce and recover all judgements from the High Court and certain large County Court debts.
6.WHAT DO CERTIFICATED BAILIFFS DO?
Commercial Rent:- Collect via Distress arrears of Rent on Commercial Property for Landlords.
Council Tax and Non Domestic Rates:- Collect via Distress then above local taxes for local authorities.
Magistrates Court Fines:- Collect via Distress unpaid Court Fines and Road Traffic Penalties.
7. ARREST WARRANTS.
Make arrests with and without bail for Magistrates Courts for non payment of Fines and Breach of Probation Orders, and for Local Authorities usually non payment of Local Taxes.
8. INLAND REVENUE AND VAT WORK.
Collect via Distress VAT, PAYE,INCOME TAX and CORPORATION TAX etc, for H M Revenue and Customs.
9. CHILD SUPPORT AGENCY WORK.
Collect via Distress unpaid Child Support Liabilities for The Child Support Agency.
10. FORFEITURE OF LEASE.
To take peaceable possession of Commercial Property for Landlords where Tenant has breached the terms of their Lease.
11. OTHER WORK.
A Certificated Bailiff will generally do other work such as Process Serving, Vehicle Repossession and Debt Collection.
12 WHAT WORK DOES A COUNTY COURT BAILIFF DO?
A County Court Bailiff executes Warrants of Execution for County Court Judgments. These Warrants are issued when you have taken a debtor to Court and win, and a Judgement is made. The County Court Bailiff’s are the people who will execute this Warrant for you. They should be instructed via the County Court you gained your judgement in. They are generally for under £500.00. The County Court Bailiff’s are also the Bailiff’s that evict tenants of Residential Property who do not pay their rent, evict people in mortgage arrears and evict troublesome tenants.
13.WHAT WORK DOES A SHERIFF’S OFFICER DO?
A Sheriff’s Officer is an Officer of The High Court and executes Writes of Fiere Facias, which are the High Court equivalent of County Court Warrants of Execution. They are usually a debt of above £5000. However, if you wish your court judgement to be collected by the Sheriff’s Officer you can transfer any debt of above £600.00 up to the High Court for the Sheriff’s Officers to enforce.
14. I HAVE AN URGENT MATTER AND NEED A BAILIFF TOMORROW.
NOT POSSIBLE. Unless you are a Commercial Landlord needing rent collection or a tenant evicting (only Commercial Property). For everything else a Bailiff or Sheriff is powerless to act without a Warrant which takes time to get and must go through the due process at Court. Expect a minimum of 21days delay.