§ Lord Morris of Manchesterasked Her Majesty's Government:
What proposals they are considering which would add forcible entry to the list of options that can be used by local authorities and bailiffs in cases of rent and council tax arrears. [HL3099]
§ The Parliamentary Secretary, Lord Chancellor's Department (Baroness Scotland of Asthal)Government's proposals for a single piece of enforcement agent law aim to eliminate the differences between the rules for different types of judgment debts. Few enforcement agents currently have the power to undertake forcible entry to residential premises. Existing case law relating to bailiffs is complex. However, we are looking to simplify the law.
We are proposing a stricter definition of the term "normal entry", which currently permits an enforcement agent to enter through such means as an open window. In order to offer the debtor more 52WA protection, we propose that enforcement agents should only be allowed to enter a domestic property through an open or unlocked door or with the permission of the debtor.
Prior judicial authority will be required for forcible entry to be permitted in domestic properties. It is my intention that forcible entry to residential property should rarely be used and then only in very specific circumstances. The court will need to be satisfied that certain criteria have been met before granting such authority. All enforcement agents will be licensed and subject to strict regulation.
We are keen to protect those who genuinely cannot pay from being subject to any undue pressure, including forcible entry to their premises.