A Bailiff's Access Rights (and removal of)
They have very little. You have far more Rights than they have.
Here is the template of a Notice of Removal of Implied Right of Access.
Here is the Case Law that goes with it (also note that a Bailiff CANNOT remove the "tools of your trade" OR "your means of transport" ABSENT the Verdict of a Jury):
The Bailiff's Manual (download)
A debtor can remove right of implied
access by displaying a notice at the entrance [see the link, above].
This was endorsed by Lord Justice Donaldson in the case of Lambert v Roberts
[1981] 72 Cr App R 223 - and placing such a notice is akin to a closed door but
it also prevents a bailiff entering the garden or driveway, Knox v Anderton
[1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim 2753
Debtors can also remove implied right of access to property by telling him to
leave: Davis v Lisle [1936] 2 KB 434 similarly, McArdle v Wallace [1964] 108 Sol
Jo 483
A person having been told to leave is now under a duty to withdraw from the
property with all due reasonable speed and failure to do so he is not thereafter
acting in the execution of his duty and becomes a trespasser with any subsequent
levy made being invalid and attracts a liability under a claim for damages,
Morris v Beardmore [1980] 71 Cr App 256.
Bailiffs cannot force their way into a private dwelling, Grove v Eastern Gas
[1952] 1 KB 77
Otherwise a door left open is an implied license for a bailiff to enter,
Faulkner v Willetts [1982] Crim LR 453 likewise a person standing back to allow
the bailiff to walk through but the bailiff must not abuse this license by
entering by improper means or by unusual routes, Ancaster v Milling [1823] 2 D&R
714 or Rogers v Spence [1846] M&W 571
Ringing a doorbell is not causing a disturbance, Grant v Moser [1843] 5 M&G 123
or R. v Bright 4 C&P 387 nor is refusing to leave a property causes a
disturbance, Green v Bartram [1830] 4 C&P 308 or Jordan v Gibbon [1863] 8 LT 391
Permission for a bailiff to enter may be refused provided the words used are not
capable of being mistaken for swear words, Bailey v Wilson [1968] Crim LR 618.
If the entry is peaceful but without permission then a request to leave should
always be made first. Tullay v Reed [1823] 1 C&P 6 or an employee or other
person can also request the bailiff to leave, Hall v Davis [1825] 2 C&P 33
Excessive force must be avoided, Gregory v Hall [1799] 8 TR 299 or Oakes v Wood
[1837] 2 M&W 791
A debtor can use an equal amount of force to resist a bailiff from gaining
entry, Weaver v Bush [1795] 8TR, Simpson v Morris [1813] 4 Taunt 821,
Polkinhorne v Wright [1845] 8QB 197. Another occupier of the premises or an
employee may also take these steps: Hall v Davis [1825] 2 C&P 33.
Also wrongful would be an attempt at forcible entry despite resistance, Ingle v
Bell [1836] 1 M&W 516
Bailiffs cannot apply force to a door to gain entry, and if he does so he is not
in the execution of his duty, Broughton v Wilkerson [1880] 44 JP 781
A Bailiff may not encourage a third party to allow the bailiff access to a
property (ie workmen inside a house), access by this means renders the entry
unlawful, Nash v Lucas [1867] 2 QB 590
The debtor's home and all buildings within the boundary of the premises are
protected against forced entry, Munroe & Munroe v Woodspring District Council
[1979] Weston-Super-Mare County Court
Contrast: A bailiff may climb over a wall or a fence or walk across a garden or
yard provided that no damage occurs, Long v Clarke & another [1894] 1 QB 119
It is not contempt to assault a bailiff trying to climb over a locked gate after
being refused entry, Lewis v Owen [1893] The Times November 6 p.36b (QBD)
If a bailiff enters by force he is there unlawfully and you can treat him as a
trespasser. Curlewis v Laurie [1848] or Vaughan v McKenzie [1969] 1 QB 557
A debtor cannot be sued if a person enters a property uninvited and injures
himself because he had no legal right to enter, Great Central Railway Co v Bates
[1921] 3 KB 578
If a bailiff jams his boot into a debtors door to stop him closing, any levy
that is subsequently made is not valid: Rai & Rai v Birmingham City Council
[1993] or Vaughan v McKenzie [1969] 1 QB 557 or Broughton v Wilkerson [1880] 44
JP 781
If a bailiff refuses to leave the property after being requested to do so or
starts trying to force entry then he is causing a disturbance, Howell v Jackson
[1834] 6 C&P 723 - but it is unreasonable for a police officer to arrest the
bailiff unless he makes a threat, Bibby v Constable of Essex [2000] Court of
Appeal April 2000.
Vaughan v McKenzie [1969] 1 QB 557 if the debtor strikes the bailiff over the
head with a full milk bottle after making a forced entry, the debtor is not
guilty of assault because the bailiff was there illegally, likewise R. v Tucker
at Hove Trial Centre Crown Court, December 2012 if the debtor gives the bailiff
a good slap.
If a person strikes a trespasser who has refused to leave is not guilty of an
offence: Davis v Lisle [1936] 2 KB 434
License to enter must be refused BEFORE the process of levy starts, Kay v
Hibbert [1977] Crim LR 226 or Matthews v Dwan [1949] NZLR 1037
A bailiff rendered a trespasser is liable for penalties in tort and the entry
may be in breach of Article 8 of the European Convention on Human Rights if
entry is not made in accordance with the law, Jokinen v Finland [2009] 37233/07
http://info.fmotl.com/RemovalOfAccessRights.htm