Local authority bailiff referral—checklist
Produced in partnership with Pritti Amin of Moon Beever
ChecklistsLocal authority bailiff referral—checklist
Produced in partnership with Pritti Amin of Moon Beever
ChecklistsCoronavirus (COVID-19): Note that pursuant to the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020, SI 2020/451, in force from 25 April 2020, restrictions have been imposed on a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and to prevent enforcement agents taking control of goods. For further information, see Practice Note: Coronavirus (COVID-19)—implications for property [Archived] — Restrictions on taking control of goods (including the exercise of CRAR).
What steps should be taken before instructing an enforcement agent?
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Ensure that a demand is made for the sums outstanding
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If no payment is made on or before the due date then send a reminder letter
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If again no payment is made send a second reminder letter
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A final reminder should then follow
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Application to magistrates' court for authorisation to issue a summons
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Liability order hearing
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Costs can be added by the local authority for issuing a summons and for obtaining a liability order (see R v Tottenham Magistrates)
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The debtor does not need
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