Goods that can be seized by bailiff under a warrant of distress

A bailiff executing a warrant of distress can seize both goods owned by the tenant and goods that are in the apparent possession of the tenant whether or not the tenant owns them.

In Kelland Co Ltd v Pacific Ace International Holdings Ltd ([2011] HKEC 427) a tenant was in arrears of rent.  A warrant of distress was issued and the bailiff seized items that he found at the property. A number of items were either  the property of the tenant but had still to be paid for or were not the tenant’s property at all. The claimants were the unpaid sellers / true owners. The claims failed. The bailiff had been entitled to seize the items. A bailiff executing a warrant of distress can seize both goods owned by the tenant and goods that are in the apparent possession of the tenant whether or not the tenant owns them.

2 Responses to “Goods that can be seized by bailiff under a warrant of distress”

  1. Jason Wreight Says:

    But can the bailiff force entry to a property under the authority of the warrant?

    • Michael Lower Says:

      If he has a court order permitting him to do so, the bailiff can break open outer doors so far as necessary to execute the warrant (see s.91 of the Landlord and Tenant (Consolidation) Ordinance)

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