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Safeguard Bailiff Services,Certificated Bailiffs in Leicester since 1981. Commercial Rent Recovery by Certificated Bailiffs, Safeguard Bailiff Services of Leicester. Distress for Rent, Forfieture Commercial Property Reposessions, by Safeguard Bailiff Services,Certificated Bailiffs
of Leicester. CLICK TO DOWNLOAD A WARRANT TO DISTRAIN CLICK TO DOWNLOAD A WARRANT FOR REPOSESSION Method Of Operation The bailiff will complete an Inventory of all goods seized upon the demised premises. A Notice of Seizure as prescribed by the Distress for Rent Rules will be left with the tenant. The goods may then be removed and Impounded off the demised premises, to await the auction date. The goods may also remain on the demised premises where the tenant so requests, and signs a Form of Walking Possession The goods will then be impounded on the premises for a minimum of Five Days. After Five Days and if the Distress has not been satisfied, the goods may be sold at auction. The Van Bailiffs would then attend and remove the goods to auction. The Five Day period may be extended by a further five days at the written request of the tenant. In which case the Van Bailiff would then collect monies towards the distress together with the van costs and extend the period of Walking Possession leaving the inventory on the demised premises, but still in the custody of the law. The cost of the van bailiff is added to the distress, paid by the tenant and normally collected by the van bailiff or from the proceeds of sale. Extension Of Landlords Rights By using Distress for Commercial Rent Recovery the landlord extends his rights in two important ways If Distraint is unsuccessful, the landlord retains the right to obtain judgement. By obtaining judgement first the landlord cannot thereafter use distraint, as the judgement will preclude this right. A Sheriffs Officer when enforcing a judgement can only seize the goods belonging to the tenant. A Certificated Bailiff however can Distrain on all goods on the premises. Sale of Distrained Goods The Distrained goods must be sold for the best possible price. There is no requirement that the sale should be by auction, though the safer and more usual course is to sell by auction. The landlord cannot sell the goods to himself or take them at the appraised price or buy them at the auction. Overplus Of Distress The nett proceeds of the sale, after deduction of the rent distrained for and the costs of the Distress are called the “overplus” Where goods are sold, any overplus must revert to the tenant or other owner of the goods. INSTRUCTIONS In the form of a Warrant which may be faxed to our office, we will always endeavour to provide you with a same day response for urgent matters. CLICK TO DOWNLOAD A WARRANT |
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