Is a Removal of Implied Rights of Access to the property applicable to bailiffs?


No

When attending a debtors home or premises, the bailiff must carry the warrant or writ of control and must on request show the debtor and any person who appears to him to be in charge of the premises evidence of his identity, and his authority to enter the premises.[1]

The authority to enter the premises shows enforcement address of those premises, which authorises the bailiff to take control of goods at that address,[2] or any address the debtor lives or carries on a trade or business.[3]

Before 2014, when bailiffs were unregulated, a Notice of Removed Implied Rights was enforceable and denied bailiff a right to enter the property, in the same way as a police officer without a search warrant.[4]

The bailiffs authority was limited to seizing goods, but they had no power to enter property unless a separate authority was given by the court. This was particularly true with bailiffs collecting unpaid council tax, because a liability order conferred no power to enter land at all.



[1] Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 14(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[4] Lambert v Roberts [1981] 72 Cr App R 223