Bailiff Involvement in Business Rates Collection

By law, we must send a Business Rates demand to a responsible person for every business premises at the beginning of each financial year.  If you fail to make payment with regard to this bill, we will send you a Reminder notice.  If you again fail to make payment, we will apply to the Magistrates' Court for a summons to be issued. At the court hearing, we will ask the magistrates to grant a Liability Order against you for the amount outstanding, plus costs. The Liability Order gives us the legal authority to collect your outstanding Business Rates, including the use of Bailiffs.

We will use bailiffs if you do not make payment in full, or agree payment via a short term arrangement.

What Bailiffs Do

The bailiffs recover the debt you owe by removing and selling your goods.  They can remove goods up to the value of the money you owe, plus their own costs.  The goods will then be sold at public auction.  Removal or sale of your goods may be avoided by either making payment in full, or agreeing payment via a short term arrangement with the bailiffs.  If you ask, the bailiffs must provide you with a receipt for any monies paid to them, or to the bailiff's office.

Forced Entry

Bailliffs are not allowed to break open an outer door, but may enter your property if a door is open or if it is closed; and can be opened without using force.  They can also enter through an open window.  When the bailiffs are inside your property, they can force any inner door which is locked.

Removal of Goods

The bailiff is allowed to remove any of your goods, other than those required to meet an individual's or a family's basic domestic needs i.e. clothing and bedding.

Prevention of Goods Removal

You can keep your goods in your property if you have done one of the following:

• Signed a Close Possession agreement for the bailiff to stay in your property until you have paid your debt or the goods are removed for sale;
• Signed a Walking Possession agreement that impounds the goods so that the bailiff can leave and return at a later date if you do not pay the debt.

Before making an arrangement to pay the outstanding debt, the bailiff will normally impound your goods and ask you to sign a Walking Possession agreement to hand over the goods if you do not pay.  If the bailiff does return to remove the goods, you do not have to be present.

Goods that are Taken

The bailiff will come to your premises with a removal van and remove furniture and belongings (including vehicles) to the value of the outstanding debt, plus charges.  These will then be put in secure storage prior to being sold at auction.

If the Bailiff Cannot Collect the Business Rates

If the bailiff cannot collect the Business Rates and there are not enough goods to remove, we will tell the Magistrates Court so that we can issue a Committal Summons.  This means that your must go to court for an enquiry into your financial circumstances.  If you do not go to court, you may be arrested and brought before the court.  We will then apply for you to go to prison and if you are found guilty, you could face a prison sentence of up to ninety days.

How to Make a Complaint

If you don't think that the bailiffs have followed the above process, you should contact us.