Judges Demand

High Court Enforcement Officers Rights of Entry…

Published On: 18th June 2013

We are aware that alot of people may be under the impression from TV programmes, etc that High Court Enforcement Officers have the right to force entry in to any premises.

For the avoidance of doubt the High Court Enforcement Officers rights of entry are as follows :

Commercial premises

The HCEO can force entry to commercial premises to levy on a first visit or any subsequent visit to remove goods providing the property is not physically attached to, and form any part of, a residential dwelling. Prior to forcing entry, the HCEO should have a genuine reason to believe that goods of the defendant are contained within. They should make reasonable enquiries as to whether the property is rented, contacting the landlord if necessary.

Residential premises

The HCEO may climb a perimeter wall or fence to gain entry to the grounds of the property. They can then enter where a door or window is open, opening further to aid entry if required. They may also use the door handle to gain access when the door is unlocked but may not open a window that is shut.
Once inside, they may also break down the inner doors of the property to seek the goods of the defendant. The HCEO may not be forcibly ejected; however, if they are, they can now force re-entry back into the property.
Furthermore, they may force entry to a garage, out house, stables or barn providing it is not physically attached to, and form any part of, the residence.

If you have any questions or require any assistance please contact us.