Garden Shed Levy

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Jon1984
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Joined: 22 Aug 2017 03:25

#1 Garden Shed Levy

Post by Jon1984 » 22 Aug 2017 03:37

Hello all. I have been reading this board for quite some time and have found some very useful advice, however I am not clear about a certain issue.

I know my rights regarding not allowing the bailiff access to my property and keeping doors and windows locked but one thing that is puzzling me is the rules regarding outbuildings.

I have a garden shed which contains a small cheap radio / cd player. It's not worth anything and the shed is locked by means of a padlock.

My question is - could a bailiff legally break into the shed and levy this item, and then be able to break into my house itself has he has levied the item on my "premises" ?

I couldn't care less about the radio in the shed but I am concerned that if a levy is made on this the bailiff would have the authority to break into my house.

I know the best course of action would be to move the radio out of the shed, which I intend to to, but I am very interested in the Law / Legislation regarding garden sheds / outbuildings and whether a levy would be valid, and whether this would subsequently give the bailiff the rights to enter my property.

I am quite able to guard my property itself and would not allow a bailiff access over my dead body, but I can't stand guard outside my shed!

Any advice would be greatly appreciated and any supporting legislation - I am not afraid of legal jargon so as much detail as possible would be great!

I must add this is with regard to Council Tax.

Thank you in advance.

Jon

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Schedule 12
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#2 Re: Garden Shed Levy

Post by Schedule 12 » 22 Aug 2017 09:57

Jon1984 wrote:
22 Aug 2017 03:37
Hello all. I have been reading this board for quite some time and have found some very useful advice, however I am not clear about a certain issue.

I know my rights regarding not allowing the bailiff access to my property and keeping doors and windows locked but one thing that is puzzling me is the rules regarding outbuildings.

I have a garden shed which contains a small cheap radio / cd player. It's not worth anything and the shed is locked by means of a padlock.

My question is - could a bailiff legally break into the shed and levy this item, and then be able to break into my house itself has he has levied the item on my "premises" ?
Before 2014, the bailiff could have broken open outbuildings to levy on goods inside.

Bailiffs may not break open anything now unless it is commercial premises.




I couldn't care less about the radio in the shed but I am concerned that if a levy is made on this the bailiff would have the authority to break into my house.
Not possible under Schedule 12 enforcement rules.



I know the best course of action would be to move the radio out of the shed, which I intend to to, but I am very interested in the Law / Legislation regarding garden sheds / outbuildings and whether a levy would be valid, and whether this would subsequently give the bailiff the rights to enter my property.

The law is provision 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) and regulation 20 of the Taking Control of Goods Regulations 2013




I am quite able to guard my property itself and would not allow a bailiff access over my dead body, but I can't stand guard outside my shed!

Any advice would be greatly appreciated and any supporting legislation - I am not afraid of legal jargon so as much detail as possible would be great!

I must add this is with regard to Council Tax.

Council tax enforcement is conferred under the power of a LIABILITY ORDER. It only confers a power to take control of goods to sell and pay the debt. It does not confer any power to enter premises let alone break open anywhere. The bailiff has to be INVITED in before he can take control of goods. He can take control of a car outside.



Thank you in advance.

Jon
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

NickP
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#3 Re: Garden Shed Levy

Post by NickP » 23 Aug 2017 09:26

you sound like super man haha jon the joker

Jon1984
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Joined: 22 Aug 2017 03:25

#4 Re: Garden Shed Levy

Post by Jon1984 » 24 Aug 2017 14:38

Thankyou for your advice Schedule12 that was really useful information which has subsequently led to me reading lots of associated legislation.

I don't have a car and there is no way I would let them in the house so it appears they can't enforce anything. I trust they would only make 2 visits if they knew damn well that they were not getting a penny from me as they can only charge for 2 visits if they don't levy? It's unlikely they would come back for free if they knew they had no chance of making a levy.

Would they notify me when the account is passed back to the Council or will the Council themselves inform me?

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Schedule 12
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#5 Re: Garden Shed Levy

Post by Schedule 12 » 24 Aug 2017 15:30

Jon1984 wrote:
24 Aug 2017 14:38
Thankyou for your advice Schedule12 that was really useful information which has subsequently led to me reading lots of associated legislation.

I don't have a car and there is no way I would let them in the house so it appears they can't enforce anything. I trust they would only make 2 visits if they knew damn well that they were not getting a penny from me as they can only charge for 2 visits if they don't levy?
For council tax, they can only charge for one visit. £235.

They can attend as many times as they like.


It's unlikely they would come back for free if they knew they had no chance of making a levy.

Would they notify me when the account is passed back to the Council or will the Council themselves inform me?
No.
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Author: dealingwithbailiffs.co.uk

Jon1984
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Joined: 22 Aug 2017 03:25

#6 Re: Garden Shed Levy

Post by Jon1984 » 24 Aug 2017 21:54

Thanks once again for the advice. I think I was getting muddled up with charges they can apply if a levy is made.

This forum is a very valuable source of information I will be hanging around to brush up on my knowledge in this area.

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