THE BAILIFF

The right of distress - or putting in the bailiff - is the most effective remedy that the landlord has for the collection of his rent. Practically no other creditors are allowed to seize their debtor's property in order to secure what is due to them until they have brought an action and proved to some judge that the money is really owing. But a landlord is in a very favoured position. By reason of his right to distrain he may, except in the case of houses which are controlled by the Rent Acts, seize his tenant's goods in order to get the rent paid without any application to the court and without any notice to the tenant. If, however, he sues the tenant for rent and obtains judgment, his right to distrain goes.

A landlord cannot distrain on the same day that the rent is due. He must wait till after sunrise on the next day. Nor can he distrain on a Sunday. Distress must also always be made in the day time - i.e., between sunrise and sunset. The landlord need not, however, serve any notice on the tenant requiring him to pay, nor need he wait for a few days to see whether the tenant is going to pay. At sunrise on the day after rent day the bailiff may put in an appearance.

Rent for six years back can be recovered in this way. The distress for the rent before he seizes the goods. If you have it ready and hand it to him, he must take it and leave the goods alone. You ought strictly to have the exact amount in pounds, shillings and pence in what is called " legal tender ," and you cannot insist on the bailiff giving you change, but it is unlikely that he will refuse to do so.

RECOVERY OF GOODS

Your right to get back your goods continues until the sale has taken place, although you must at each stage offer not only the amount of the rent but also any expenses that have been incurred. The tender of the money may be made either to the bailiff or the landlord, but should not be made to the man in possession. Before the actual seizure the landlord cannot claim any expenses, even though he may have incurred some. The bailiff must take the bare rent and go away. After the seizure it is not enough to offer the rent; you must also tender the amount of expenses. Always, therefore, meet the bailiff on the doorstep with the rent in your hand! Let us assume that the bailiff has succeeded in getting into your house. What goods can he take when he gets there?

The general rule is that he can seize anything in the house even though it belongs, not to the tenant, but to some third person; but to this general rule there are several exceptions. He cannot seize any goods, even though they belong to the tenant, which are not on the premises for which the rent is due, unless the goods have been fraudulently removed to prevent them from being taken, If this has happened the landlord can seize such goods, wherever they may be, within thirty days. Anyone who knowingly assists the tenant in removing the goods or in hiding them may have to pay the landlord double their value.

Exempted Goods

There are three different classes of goods which are more or less exempt from seizure.

1. Goods which cannot be taken under any circumstances;
a. Fixtures. Anything which is fixed to the land or to the house cannot be seized. We have already considered the meaning of fixtures and have seen that there are some fixtures put up by a tenant for ornament or for his own convenience or the purposes. of a trade which he can take away with him at the end of his tenancy (e.g., a bookcase screwed to the wail), while there are other fixtures which the tenant must leave far his landlord when the tenancy ends. The bailiff, however, cannot take any fixtures, whether they are the tenant's or the landlord's, and so if you wish to protect your best furniture, screw it to the wall
b. Animals. Cats and wild animals cannot be taken unless you
keep them for breeding or for profit
c. Things actually being used.
d. Clothes, bedding, and tools. The clothes and bedding of a tenant and his family and the tools of the tenant's trade are exempt . This rule is a sensible one, for how can a man earn his living if his landlord has seized his tools? The rule is somewhat oddly applied, because so long as some clothes or bedding or tools are left the bailiff may take anything .

2. Goods which can only be taken if there are not sufficient other goods on the premises to realize the amount due;
a. "Beasts of the plough." "Beasts of the plough" means horses broken for harness or the plough on a farm. These cannot be taken if there is other property available, unless the only other property is growing crops. The same rule applies to sheep and cattle. Where the premises are an agricultural holding, livestock of any kind which does not belong to the tenant but is agisted stock (that is, the property of someone else which the tenant feeds for money) is in the same position, but where the land is not an agricultural holding this stock may be taken. Cattle or stock of a tenant let out on a common may be taken without any restriction.
b. As regards the third class, until comparatively recently sub-tenants or lodgers or even strangers entirely unconnected with the premise whose goods happened to be there, had no redress whatsoever against the landlord if their goods were seized by the bailiff for rent due to the landlord of the house in which the goods happened to be. This caused very great hardship, and today with certain exceptions time goods of such persons are not liable to be seized for the rent due by the tenant of the house. The bailiff may take them but the person to whom they belong may claim then, back. The under-tenant, lodger or whoever may be the owner of goods taken must draw up and sign a statement in writing, to which is attached a list of the goods to which he is laying claim, and hand it to the landlord or bailiff or agent levying the distress.

3. Goods which may be taken in the first place. but may be reclaimed.

The word " tools " has a very wide meaning, but they must be tools of a man's trade. If the bailiff takes your clothes, bedding or tools when he should not do so, you may at once apply to the local police court to have them returned to you or their value paid if they have been sold.

e.	Gas, water, and electric apparatus. Nothing can be taken which is on hire from your local gas, water or electric companies.
f.	Money and bank notes if loose and not in a sealed packet.
g.	Goods which have been sent to the tenant in the way of his trade; for example, sent to you for repair.
h.	Perishable goods. The landlord must be able to return to you all your goods should you pay the rent and expenses before they are sold, and they must be returned in the condition In which they were when he took them.