What can the bailiff take from
my business?
Under our main page on Council and Business Tax you will see
that we have a section dedicated to this.
With Business Rates the matter of what a bailiff can and cannot
take is certainly a problem, not least because the bailiff can
normally gain entry into business premises very simply as most
are unlocked and available to the public.
If you think that a bailiff will be visiting your business premise
you should note that legally you are allowed to hide any possessions
or move them to an alternative location before a bailiff arrives.
If you leave them somewhere else on your premises…the bailiff,
if he has already gained “peaceful entry” can search
any area within the building occupied by you.
If however a bailiff has already been to your premises and levied
on items that he has listed on a Walking Possession……then
you will be breaking the law by removing these items, as they
legally belong in the custody of the bailiff until you have paid
the debt.
By law the bailiff cannot take the following:
• Any tools, books, vehicles and other items of equipment
that you need for your work or business;
• Any clothing, bedding, furniture, household equipment
and food you need for your basic domestic needs or those of your
family.
If you have machinery or vehicles etc that are either on lease
or hire purchase, please try to have the necessary paperwork easily available. This is because; the onus of proof is on you
as the owner of the goods to prove
that they are subject to hire purchase etc. If the bailiff believes
that you own the asset that is sufficient to allow him to levy
on them…...it is up to you to prove otherwise.
In the Legal Cases section of our
Downloads area you can access a copy
of the legal ruling on this.
Additionally, by visiting the Letters
section of our Downloads area you
will see that we have provided a letter that can be adapted to
suit your individual business circumstances that can be sent to
the bailiff company to advise them that assets are subject to finance
etc.
Please note: There is no legal requirement
on the bailiff to write you a letter to advise that he has been
instructed to enforce a Liability Order for unpaid Business Rates
(NNDR). As bailiffs are concerned that assets can be removed prior
to them arriving, you will always find that a bailiff visit will
always be a surprise visit.
|
