Can enforcement agents force entry? for CT/BR?

[mikeymack2002]

Can enforcement agents force entry? For Council tax and business rate debts?

 

 

I was under the impression that was a no unless invited in, was I wrong on that?

 

 

More questions and a copy and paste from a site shortly, after receiving an answer or two ok?

[i hate bailiffs]

Without a court order no they can not force entry

[ploddertom]

A lot will depend at what stage we are at. There are too many variables for a definitive answer.

[mikeymack2002]

The reason for this enquiry is because of what N. Linc's say on their site which says this

 

 

"Can enforcement agents force entry? Enforcement agents have the right to come into your property to remove goods as long as they do not use force to get in. They are not allowed to break open a door but may go in if a door is open, or if it is closed but can be opened without using force. Once they have entered a property they can force doors inside that are locked. They may force entry if you have given them permission to do so."

 

The reason for this question is because if an EA knocks on a door and simply asks the debtor to pay and they refuse, the EA says "I will force entry" a quick and not so smart response from the debtor may be "go on then", with that unwittingly has given the EA the permission he was looking for, to force entry in the first place to take control of goods.

 

Would this be ethical or could this practise be allowed to happen? As you can see from the way I have set the question out according to the response from North Lincolnshire it is this.

 

A second question would be this. Some households have the UPVC doors that can been "locked" from the "inside" by lifting the handle, therefore making it appear locked from the outside. With this in mind can an EA use an implement to push the handle down from the outside to gain entry to the property, as no "force" has been used? it may seem a daft question but can this be used as a tool for the EA to gain entry without "force"?

 

 

Quote taken from here http://www.nelincs.gov.uk/resident/council-tax/how-do-i-pay-my-council-tax-/enforcement-agents-collecting-council-tax-business/

[josephbloggs]

Not unless they have previously been in the property and either the debtor or someone in authority has signed a controlled goods agreement which has defaulted.

[i hate bailiffs]

Enforcement agents do have a right to come into any property

 

But you have the right not to let them in

 

Most of the time it is all hot air with them relying on fear and intimidation

[i hate bailiffs]

Not unless they have previously been in the property and either the debtor or someone in authority has signed a controlled goods agreement which has defaulted.

 

They would need permission from BOTH the council and the court for that to happen

[mikeymack2002]

I have edited my original questions with bold to draw your attention to the specific questions I have asked, especially question 1/2 see post #4

[i hate bailiffs]

A unlocked door yes they can enter

The only implement they could uuse would be their hand to move the handle to open the door

[josephbloggs]

They would need permission from BOTH the council and the court for that to happen

 

The council yes the court no.

 

And in regards to your first post there is no such thing as a court order to force entry for council tax.

[ploddertom]

It has always been the case that an Enforcement Agent may enter through a closed but unlocked door and is permitted to use reasonable force to see if it is indeed unlocked. He certainly could not use a lever or pipe that fitted over the handle. It is not necessarily the case that an Enforcement Agent has to have had prior entry to force his way in - see Taking Control Of Goods, Schedule 12, Part 2, Para 15, Entry under Warrant.

 

Under the previous rules they were also allowed to gain entry through a window or climb over fences/walls etcbut these have now been removed as they were not "normal modes of entry".

[mikeymack2002]

i hate bailiffs

 

 

That was the exact answer I was actually looking for, due to the fact I have twice been outside my home at the front and the wind closed the door behind me. I.E. closed but not locked, Council took just 3 seconds to get in, a mistake I have never made since. If this tactic can be used by an EA then things may cause some considerable issues in the future.

 

 

This is just some of the thoughts I have had recently and was just considering the implications of this in practise..

[mikeymack2002]

PT... I understand your thoughts, but within the regs an EA can open a closed but unlocked door. In other words unless the home owner has used a key to lock the door, then the door is IMO just closed and unlocked. Can you see what I am trying to ask?

[i hate bailiffs]

i hate bailiffs

 

 

That was the exact answer I was actually looking for, due to the fact I have twice been outside my home at the front and the wind closed the door behind me. I.E. closed but not locked, Council took just 3 seconds to get in, a mistake I have never made since. If this tactic can be used by an EA then things may cause some considerable issues in the future.

 

 

This is just some of the thoughts I have had recently and was just considering the implications of this in practise..

 

If it is a upvc door change it to a split spindle that way the only way to open it from the outside is with a key as it will be locked on the day latch ( not on the bolts as you need to lift handle and turn key )

If need be fit a key safe with a spare key to a outside wall until you get used to it

[josephbloggs]

It is not necessarily the case that an Enforcement Agent has to have had prior entry to force his way in - see Taking Control Of Goods, Schedule 12, Part 2, Para 15, Entry under Warrant.

 

Initial question specifically referred to council tax/nndr which is not a warrant it is a liability order so no forced entry except for default on a cga

[ploddertom]

Initial question specifically referred to council tax/nndr which is not a warrant it is a liability order so no forced entry except for default on a cga

 

The facility is there to allow a Warrant to be applied for should it be necessary regardless of the debt stream being followed. The chances of it happening for Council Tax is very remote unless someone has not paid for a long time but is showing signs of a more than comfortable lifestyle. This has been used on several occasions already although I have no proof of same or for what the debts have been for.