by Gauk
Wed, May 30, 2018 1:17 AM

What work can a certificated bailiff do?

  • Commercial Rent Collect via distress arrears of rent on commercial property for landlords.
  • Council Tax & Non Domestic Rates Collect via distress the above local taxes for local authorities.
  • Magistrate Court Fines Collect via distress unpaid court fines and road traffic penalties.
  • Arrest Warrants Make arrests with and without bail for magistrates courts for non payment of fines and breaches
  • of probation orders, and for Local Authorities usually for non payment of local taxes. •    Inland Revenue & VAT work
  • Collect via distress unpaid VAT, PAYE, income tax and corporation tax, etc., for HM Revenue and Customs.
  • Child Support Agency work Collect via distress unpaid child support liabilities for the Child Support Agency.
  • Traveller Evictions Evict Gypsy or New Age type travellers from land under common law, when authorised by a
  • landlord or local authority. •

Forfeiture of Lease
To take peaceable possession of commercial property for landlords where a tenant has breached the terms of their lease.

Other Work A Certificated Bailiff will generally do other work such as process serving, vehicle repossession
and debt collection.

DISTRESS
Landlords have a common law right to employ the use of a certificated bailiff to levy distress for rent in relation to commercial premises(with no living accommodation) without acquiring a court order. This remedy arises under common law and is, of course, a well established principle of property law.

FORFEITURE
Landlords have a right to employ the use of a certificated bailiff to peaceably re-enter commercial premises and take possession thereof, without acquiring a court order, if the action is permitted within the terms of the lease for:
a breach of a condition a breach of a covenant.

TRESPASSERS
The problem, of course, is that the trespassers enter the units without the landlord's consent and often leave them in a sorry state.
We include under this heading: Gypsy and New Age Squatters, Commercial Squatters including Caravans, Burger Vans and unauthorized Shop Merchants and Fly Tippers.

Illegal encampments are seldom dealt with by the police and do not fall within the governments remit. Protection of your land and premises is down to you! Carrying out the task of commercial evictions through the courts is a long and costly business. During which time much damage and inconvenience will have been caused.

Landlords have a common law right to use reasonable force to remove trespassers from open land or commercial premises. The Common Law action is quicker and less expensive than Court proceedings. It often takes "professional" squatters by surprise and sends a very clear signal about the landlord’s intentions to protect his property.

The process of eviction is however difficult and dangerous. Bailiffs often specialise in the eviction of Gypsies and travellers and can provide cleaning teams to carry out a comprehensive clean up of the site, once vacated.

Prevention is of course the best solution in dealing with this problem. To this end professional and experienced teams can provide you with advice on how to protect your premises from future incursions. Such solutions will include: security staff, concrete barriers, height and width restrictions, fencing and bollards.

published by Gauk

 

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