Do you have to use a Bailiff to evict trespassers?
The law is unclear in its wording. It states that the landowner can delegate the power to an agent. It does not define who can act as an agent. The Oxford dictionary defines a bailiff as “the agent of a landlord”. It is the opinion of Enforcement Bailiffs that you should always use a Bailiff, who are now called Certificated Enforcement Agents.
To achieve a Certificate the individual must prove to a judge they are qualified and experienced. They are then registered by the Ministry of Justice and answerable to a Judge.
• For collecting money it is now law under the Tribunals, Courts and Enforcement Act 2007 that you can only take of control of goods if you are a Certificated Enforcement Agent (TCE Schedule 12 Part 1 Paragraph 2 section 2). However if the power is conferred to a particular person like a High Court Enforcement Officer (HCEO) in the case of a High Court writ then only with the authority of that HCEO (TCE Schedule 12 Part 1 Paragraph 2 section 3).
• Court evictions are carried out by either the County Court or the High Court via the HCEO. The HCEO delegates their power to execute the writs of possession down to the same Certificated Enforcement Agents that execute the Writs of Control.
To execute landlords warrants to evict it follows that Certificated Enforcement Agents are the people with the most experience in dealing with possession of land and property, and are very aware of the laws and limits that govern their behaviour when dealing with trespassers and squatters. They also have training in doing risk assessments when visiting premises to execute warrants.
Certificated Enforcement Agents, appointed by the Ministry of Justice and answerable to a Judge, hold professional indemnity insurance for evicting trespassers.
Be careful when delegating to ensure you are using Certificated Enforcement Agents. If during an eviction anyone was hurt, or anyone had property damaged, the landlord would risk being sued for hiring rogue agents and even worse, charged with incitement.
We can help
Enforcement Bailiffs are available to advise and to evict trespassers. Should you wish to instruct us to assist with your enforcement, details can be foundhere.