Q&As

Are residential landlords under any obligation to give bailiffs access upon receiving notice that they intend to attend the premises of one of the tenants, and where they have asked for access for that purpose? Is there a risk the landlord will breach its quiet enjoyment obligations if they do?

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Published on LexisPSL on 21/11/2019

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Are residential landlords under any obligation to give bailiffs access upon receiving notice that they intend to attend the premises of one of the tenants, and where they have asked for access for that purpose? Is there a risk the landlord will breach its quiet enjoyment obligations if they do?

Are residential landlords under any obligation to give bailiffs access upon receiving notice that they intend to attend the premises of one of the tenants, and where they have asked for access for that purpose? Is there a risk the landlord will breach its quiet enjoyment obligations if they do?

For the purpose of this Q&A we have assumed that the bailiff is taking control of goods under the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) and the Taking Control of Goods Regulations 2013 (TCGR 2013), SI 2013/1894.

An enforcement agent may take control of goods only if they are on premises that they have power to enter under TCEA 2007, Sch 12 or are on the highway. An enforcement agent may enter premises to search for and take control of goods if they reasonably believe that they are the place or one of the places where the debtor usually lives or carries on a trade or business. The enforcement agent has power to use reasonable force to enter premises or do anything for which the entry is authorised if the premises are used for trade or business (rather than where the debtor lives) and is acting

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