1st Class Bailiffs Articles

National Enforcement Services, one of the UK’s leading bailiff and private investigation services, is reporting a rise in the number of properties being unlawfully sub-let.

The bailiff and debt collection firm, which is based in Manchester, has seen an increase in commercial property tenants letting out a facility to another party against the conditions set out in their tenancy agreement.

A property may only be sub-let under the terms of the lease if the landlord has given express permission in writing. However many commercial tenants are flouting the agreed terms of their contract.

In a situation where a property is being sublet, the landlord becomes the head landlord and the tenant becomes a mesne tenant.

However, if the individual who is inside the premises at the time of the debt collection is not the tenant, then it is the responsibility of the landlord to evict them.

National Enforcement Services carries out a range of actions, which also include carrying out evictions as well as collection of monies owed.

Andy Coates, CEO of National Enforcement Services , said: “It is concerning that so many properties we see are not being run or operated by the tenant under the terms of the original lease.

He added, “The landlord must be aware of who is letting their premises at all times and be aware it is their responsibility to evict a tenant if that tenant is flouting the sub-letting clause of their agreements.”

 National Enforcement Services, one of the UK’s leading bailiff and private investigation services, is witnessing a rise in the number of people avoiding paying parking fines.

The firm has noticed an increase in the use of its Enforcement and Investigation services to track down owners of vehicles and their whereabouts as council’s aim to recoup the unpaid debts.

National Enforcement Services is also reporting that there is a growing number of people whose status in society gives them the view they are above the law and can avoid paying fines. The agency has been involved in recovering unpaid parking fines from numerous celebrities – although confidentiality clauses protect them from being ‘named and shamed’.

Andy Coates, CEO of National Enforcement Services, said: “There are those who feel they are above the law because of their position within society. We have found some of those can be significant culprits in not paying their parking fines, with celebrities and well-known figures cropping up in our enforcement assignments more often than would be expected as a proportion of the population.

National Enforcement’s Enforcement and Investigation service has seen a 65% rise in the number of gone aways in the last quarter. National Enforcement Officers are now chasing everything from overdue parking tickets to missing family members.

Andy added, “Local authorities are calling on tracing and debt collection services more and more to locate the individuals who have failed to pay their fines. Unpaid debt amounts to millions for local authorities each year. For example, one council was recently owed £30 million in unpaid fines.”           

Paul and Andy

National Enforcement Services has become the first bailiff organisation in the UK to launch a franchise operation, with the appointment of its first franchisee. Paul Redhead will join the company, operating the North East England franchise.

Paul, a former member of the armed services, took a distance learning course provided by National Enforcement Services in 2006 and decided to set up his own firm, Alpha 1 Legal Services. Shortly after setting up the company he established links with National Enforcement Services, which are based in Darlington, County Durham.

Paul sub-contracted to National Enforcement Services and also gained some of his own clients. After discussions with National Enforcement Services’ CEO Andy Coates, Paul decided to pilot the new franchise project.

This project is the first of its kind by a bailiff company in the United Kingdom. Paul has already discovered his profits have increased and the additional services he has been able to offer have secured him more clients. Paul’s clients now have access to National Enforcement Services’ web based computer system.

Paul can go to a property, visit a subject, and within minutes of his call he updates the computer system from his smart phone. His client can then see a photograph of the property and a report of what has happened in real time.

Paul said “Being part of the team as a franchisee has made such a huge difference to me. I now have access to National Enforcement Services tracing department and to the various data sources National Enforcement subscribe to. Now when out on the door step I can check information provided to me and get electronic searches done there and then without the need to re-attend”

Andy Coates CEO of National Enforcement Services said “ Franchising is the way forward for us I am delighted the pilot Paul and I have been working on is a success Paul is now keen to sign up for the real thing and is our first official franchisee. Our working model proves this is a success and already we are looking to expand across England and Wales.”

National Enforcement Services, one of the UK’s leading providers of bailiff and private investigation operations, is to expand with a network of franchisees. The company already has a team of bailiffs operating from London, Manchester, Derby, Birmingham, Newcastle Upon Tyne, Leeds, Hull  and Liverpool.

The company is announcing plans to increase its workforce by inviting people to operate their own bailiff services as well as receiving full training and a host of financial benefits.

Franchisees will be given access to a full computer and data system to operate their business from, individual websites, a blog, as well as key contacts and the capability to generate new business.

It will cost an individual £20,000 to set up their bailiff company, trading under the National Enforcement Services brand. The benefits could be substantial with potential income up to £100,000 a year and the ability to earn up to 100% from any new business brought in.

Bailiffs for National Enforcement Services have been involved in high profile collections right across the country as well as tracing individuals for debt collection and being heavily involved in emotional family reunions.

Interest and demand are already quite high across a number of major cities with the potential to operate multiple franchises in London, Manchester and Birmingham.

The company is using the services of franchising experts How2franchise.co.uk in planning forward for the business.

Andy Coates, CEO of National Enforcement Services, said: “The high demand for bailiff services allows us to invite potential franchisees to come forward. One of the best things about an opportunity like this is that franchisees are able to follow National Enforcement Services’ operational, administrative and marketing methods, which have already proven to be successful. “

Rod Hindmarsh, Partner of How2Franchise.co.uk, said: “This is an excellent opportunity in a niche market. We are working with National Enforcement Services because of the strength of the existing company and see a real opportunity for those with an interest in the sector to get involved. We believe a franchised bailiff service has the potential to be incredibly successful. ”

When serving Statutory demands we have recently had to clarify the timings needed between the letter of appointment being sent out and the bailiff / Investrigator re-attending for service.

The main provision concerning the time for service is found in the Practice Directions : Insolvency Rules [2000]. These state that “a first class prepaid letter should be written to the debtor”  and that “at least two business days notice should be given of the appointment”.

The first issue is then when the Court considers that the debtor has received the letter of appointment. The guidance concerning service of a document by first class post is found in Civil Procedure Rules. These state that a letter sent by first class post is considered served the second day after posting.

The Practice Directions then require that the debtor is then allowed “at least two business days notice” before the agent re-attends to effect service. Unfortunately the Court have not been consistent with their interpretation of the meaning of “at least two business days”. Sometimes the Court decides that this includes the day of service, sometimes the Court decides that the “at least” means the day of service is not included as one of the “two business days”. The spirit of the Practice Directions is to allow the debtor the opportunity to re-arrange appointments if so required and so it is difficult to argue if the court do decide that the day of service is not included as one of the business days..

The following chart therefore details the longest time case scenario’s dates on which service of the letter of appointment is considered as served following posting by 1^st class post, and also the earliest day that the appointment can take place.

N.B. This chart assumes that there are no Bank Holidays between the date the letter of appointment is sent and the appointment date – if there were any Bank Holidays these would also need to be considered.

From the chart you can see that in certain circumstances it is possible to serve in under seven days but given the potential for confusion we would rather that all letters of appointment make the day of appointment at least full calendar week from the day the letter was sent. The time scale applies equally to the service of Statutory Demands and Petitions. 

“As per the Civil Procedure Rules the letter was deemed served two days after posting.”

My tenant has none paid his rent and has sub let the property without my position to another so none of the goods in the property belong to my tenant what can I do ?

There are a number of options available

1/ Get one of our bailiffs to Serve the Sub tenant with a Section 6 Notice which will require the sub tenant to make all future payments of rent direct to you.

2/ Get one of our bailiffs to Take possession of the property from the sub tenant via a forfeiture clause in your lease

3/ Issue proceeding in the County or High court against the tenant

4/ Get us to issue a statutory demand under the Insolvency Act against the tenant and then get one of our bailiffs to serve it

NES

National Enforcement has opened a new Office in Hull at PO Box 11 Keyingham Hull East Yorkshire HU12 9YF. at the beginning of April 2009.

They have appointed Glenn Dodsworth as their East Coast Operations Manager . Glenn has been in the industry since 1995. He started as a as bailiff doing council tax rents etc for Paragon International formerly one of the largest Bailiff and Investigation companies on the east coast.

He then worked himself around the company doing process serving, tracing etc. He then went out in the vans as a  surveillance operative. Glenn worked himself up the ladder to Operations manager for Paragon. Paragon sold out to BDA International whom Glenn continued to work with until his move to us this year. Glenn and his wife have lived all their life in the east Yorkshire area and have extensive local Knowledge. Andy Coates National Enforcement said “ We are delighted to have someone running our East coast operation with Glenn’s background and experience. His knowledge and abilities will complement our existing team.”

NES

At National enforcement we often get very unusual jobs last month we were asked by a client to evict travellers from land only to find the eviction was on horses.

NES

National Enforcement in conjunction with Palatine R & D are pleased to announce our first joint training initiative being a Foundation tracing course.

This is a course designed to introduce new investigators into tracing and has been developed due to feedback from delegates that have been on past courses.

Details

1 day Course

Timings – 9.30am – 4.30pm

Date 1st October 2009

Venue- Darlington

Course content

Glossary of Trace Terms

Information Commissioner

Types of Trace

Tracing Fact/Tools

Sources of Information

Practical Training – looking at the systems and how they work

for further details please email sales@enforcementofficers.co.uk

NES

The ability of a landlord to forfeit a lease by sending in the bailiff to peaceably re-entering property has always been a useful tool when dealing with commercial tenants.

Mixed use property has never been a problem where the residential element of the property can be accessed separately after the commercial side has been shut off.

This in recent years has changed and in Pirabakaran v Patel 2006, the Court of Appeal clarified the position on whether commercial property can be re-entered when they are mixed use a flat above a shop used by the tenant.

The position with residential property, has limited the ability of a landlord to regain possession without proceedings and getting a possession order.

The Protection from Eviction Act 1977 says
“Where any premises are let as a dwelling on a lease which is subject to a right of re-entry or forfeiture it shall not be lawful to enforce that right otherwise than by proceedings in the court while any person is lawfully residing in the premises or part of them. “

The case of Pirabakaran v Patel has clarified that where there is mixed commercial and residential use, a landlord is in breach of the Protection from Eviction Act by peaceably re-entering the commercial part of the premises. The Court of Appeal said that the part that says ‘let as a dwelling’ meant ‘let wholly or partly as a dwelling’ and not ‘let exclusively as a dwelling’.

The court say that the tenants of mixed-use premises should not be treated any differently from those who are solely residential. This is also fits in with the right for private and family life under the Human Rights Act 1998

So you cannot peaceably re-enter the property and will need to forfeit the lease through court proceedings. To re-enter any part of the premises will be contrary to Protection from Eviction Act 1977.

NES