The Distress for Rent (Amendment) Rules 1999

Explanatory Note

(This note is not part of the Rules)

These Rules make various amendments to the Distress for Rent Rules 1988, which deal with the certification of bailiffs to levy distress for rent and (by virtue of the modification effected by the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993) for debts under section 78 of the Road Traffic Act 1991. In particular:

(1) special certificates may no longer be granted, and so references to special certificates are deleted;

(2) applications for a certificate shall be in a new form, which will be applicable to all applications;

(3) applications for certificates will only be made to certain county courts (referred to in the Order as “issuing county courts”);

(4) all applications (as opposed to, previously, only applications for a general certificate other than on the expiry of a current certificate) will involve a personal appearance and examination on oath of the applicant;

(5) all applicants will be required to notify their application by advertisement in a local newspaper approved by the court officer;

(6) bailiffs are expressly obliged to maintain security, by way of bond or deposit, throughout the duration of the certificate, and to provide fresh security if it ceases to exist or is reduced in value;

(7) new forms are adopted for complaints against bailiffs;

(8) a complaint against a bailiff may be transferred, at the complainant’s option, to the issuing county court nearest the complainant’s home or place of business;

(9) a bailiff who has ceased to carry on business as a bailiff must surrender his licence; and

(10) a bailiff is required to notify the court of any change of name, address or other details appearing in his certificate, and a replacement certificate reflecting the changes is issued.