http://www.legislation.gov.uk/id/uksi/1999/2360

http://www.legislation.gov.uk/uksi/1999/2360/article/10/made

The Distress for Rent (Amendment) Rules 1999

DISTRESS

King's Printer of Acts of Parliament

2016-06-09

DISTRESS

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:special certificates may no longer be granted, and so references to special certificates are deleted;applications for a certificate shall be in a new form, which will be applicable to all applications;applications for certificates will only be made to certain county courts (referred to in the Order as “issuing county courts”);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;all applicants will be required to notify their application by advertisement in a local newspaper approved by the court officer;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;new forms are adopted for complaints against bailiffs;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;a bailiff who has ceased to carry on business as a bailiff must surrender his licence; anda 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.

The Distress for Rent (Amendment) Rules 1999

Rules

The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014

Sch.

Pt. 2

art. 3

art. 2(1)

Amendments to Distress for Rent Rules 198810

1

In rule 6(1)(b) the words after “totalling £10,000” shall be deleted.

2

After rule 6(2) there shall be inserted:

2A
The bailiff shall maintain the security referred to in paragraph (1) above throughout the duration of the certificate.
2B
If, at any time during the duration of the certificate, for any reason (other than where rule 9(2) applies), the security referred to in paragraph (1) above not longer exists, or is reduced in value so that it amounts to less than £10,000, the bailiff shall provide fresh security under this rule to the satisfaction of the court.