what right do enforcement officers have with a small business

[kittykins]

Hi,
can anybody tell me what legal rights does an enforcement officer have in relation to rent arrears for a small business?
Can they take your tools/machinery? Can they force you to close?
any advice would be greatly appreciated, Thanks

[ostell]

Re: what right do enforcement officers have with a small business

Yes they can take everything they find to pay off the debt. You need to make an offer to pay off the arrears and see if it will be accepted.

If the equipment/tools are personal property and not that of the compnay then they can't take them but you will have to prove that they do not belong to the company.

[R0b]

Re: what right do enforcement officers have with a small business

Have a look at this

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/


I think I read somewhere they can't take certain items which are work tools if its up to a certain value less than £1500 or something close that.

[ostell]

Re: what right do enforcement officers have with a small business

I think I read somewhere they can't take certain items which are work tools if its up to a certain value less than £1500 or something close that.

I think that applies ONLY if they are pursuing an individual and not a company.

Need to get the invoices out for the items.

[R0b]

Re: what right do enforcement officers have with a small business

I think that applies ONLY if they are pursuing an individual and not a company.

Need to get the invoices out for the items.

Taking control of Goods Regulations 2013 section 4:

items or equipment (for example, tools, books, telephones, computer equipment and vehicles) which are necessary for use personally by the debtor in the debtor’s employment, business, trade, profession, study or education, except that in any case the aggregate value of the items or equipment to which this exemption is applied shall not exceed £1,350

that indicates to me that includes tools for the use in business are exempt up to 1,350? Obviously if the business is a limited company then the toosl would be owned by the Ltd Co, but if its anything other then I think that would apply?

[kittykins]

Re: what right do enforcement officers have with a small business

Thanks Ostell and Rob for your replies. My partner was threatened with the bailiffs because he was in arrears with his rent. He is now paying this off but i am concerned that the Landlord may go back on his word. It has happened once before and he definitely was not sent a notice beforehand. If it does happen again am i correct in thinking that he can refuse them entry if they have not sent a notice 7 days beforehand?

[ostell]

Re: what right do enforcement officers have with a small business

that indicates to me that includes tools for the use in business are exempt up to 1,350? Obviously if the business is a limited company then the toosl would be owned by the Ltd Co, but if its anything other then I think that would apply?

Exactly. Owned by the company then they are at risk of being taken. Goods not owned by the company can not be seized anyway but it will be assumed, unless proof to the contrary can be shown, to belong to the company if on company premises. It would be imperative that proof of ownership is available for personally owned items that are on the business premises.

You can not just be "threatened with bailiffs", Before bailiffs can be sent the company have to lose at court. Unfortunately with business premises they can force entry. If he has got HCEO to enforce then I don't believe they have to give notice, though the rules were changed a short while ago so I'm not certain on that.

[kittykins]

Re: what right do enforcement officers have with a small business

There was no court case, the Landlord just arranged for Bailiffs to attend premises and he had to borrow money from a friend immediately to avoid the Bailiffs taking anything. There had not been any notice or warning of any kind.

[ostell]

Re: what right do enforcement officers have with a small business

They sound like debt collectors with absolutely no rights. All they can do is ask. If they do turn up and threaten then phone the police. Must be demanding money with menaces, but i don't know.

Edit: Did they show paperwork before attempting to remove?

[kittykins]

Re: what right do enforcement officers have with a small business

It was a Company called Jacobs and they did show some sort of paperwork to him but he wasnt sure what it was. He owed the money so borrowed it to pay back. however, should this happen again am i correct in thinking that there are rules in place regarding the recovery of commercial rent arrears? One of them being that you should be given 7 days notice that a bailiff/high court enforcement officer has been instructed? Thanks, Kit

[ostell]

Re: what right do enforcement officers have with a small business

To instruct Court Enforcement Officers there has had to have been a court case and your partner would have to have lost and not paid. About the 7 days warning I'll let some one else answer that as the rules changed a short while ago. It use to be the case that High Court Enforcement Officers didn't have to give notice and could gain entry to business premises.