
1 
These Rules may be cited as the Distress for Rent (Amendment) Rules 1999 and shall come into force on 4th October 1999.
2 
In these Rules, “Principal Rules” means the Distress for Rent Rules 1988 and a reference to a rule or Appendix by number alone means the rule or Appendix so numbered in the Principal Rules.
3 
Any special certificate granted under the Principal Rules before these Rules come into force shall continue to have effect for the period for which it is granted.
4 
In the Principal Rules:
(a) for “general certificate”, wherever it occurs, there shall be substituted “certificate”;
(b) for “proper officer”, wherever it occurs, there shall be substituted “court officer”.
5 
In rule 2(1):
(a) for the definition of “Proper officer” there shall be substituted:“
 “court officer” has the meaning given in the Civil Procedure Rules 1998;”;
(b) after the definition of “Court Funds Rules” there shall be inserted:“
 “Table” means the table set out in Appendix 3 to these Rules;
 “home county court” means, in relation to any person, the county court in whose district that person has his principal place of business or his main residence;
 “issuing county court” means a county court whose name appears in column 2 of the Table; and “the applicant’s issuing county court” means, in relation to an applicant, the county court whose name appears in column 2 of the Table opposite the name of his home county court;
 “issuing area” means, in relation to an issuing county court, the area constituted by the district of that issuing county court and the districts of any other county courts whose names appear in column 1 of the Table opposite the name of that issuing county court;
 “appropriate newspaper” means a local newspaper appearing in a list of local newspapers approved by the court officer of the issuing county court for the purpose of publication of notices under rule 5(5).”.
6 
Rule 3(2) shall be deleted.
7 

(1) For rule 4(1) there shall be substituted:“
(1) An application for the grant of a certificate shall be made in Form 3.”
(2) Rule 4(2) and (3) shall be deleted.
(3) In rule 4(4):
(a) for “the county court in whose district the applicant has his principal place of business or his main residence” there shall be substituted “the applicant’s issuing county court”;
(b) for “County Court Fees Order 1982” there shall be substituted “County Court Fees Order 1999”;
(c) after “commencement of” there shall be inserted “originating”;
(d) the following shall be deleted:
(i) in paragraph (a) the words “in the case of an application in Form 3,”; and
(ii) in paragraphs (b), (c) and (d) the words “in the case of an application in Forms 3 or 5,”.
8 
In rules 4(6), 5(1), 5(1)(a) and 6(1)(b) the words “or Registrar” shall be deleted.
9 

(1) In rule 5(2) for “An application for a general certificate in Form 3 shall not be granted” there shall be substituted “No application for a certificate shall be granted”.
(2) After rule 5(4) there shall be inserted:“
(5) The applicant shall cause to be published in an appropriate newspaper a notice in the form set out in paragraph (7) so that the notice appears in three separate editions of that newspaper during the 60 days prior to the hearing of the application.
(6) The applicant shall, not less than three days before the hearing of the application, file with the court the editions of the appropriate newspaper (or extracts from it) showing the notices referred to in paragraph (5).
(7) The form of the notice to be published by the applicant shall be:
 Notice is hereby given that [name] of [business name and address] has applied to the Judge at [] county court for a Bailiff’s Certificate. Any person who knows of a reason why [name] is not a fit and proper person to be granted a certificate should write to the Court Manager at [name and address of county court] before [date of hearing of application].
(8) Each issuing county court shall compile and maintain a list of appropriate newspapers published within its issuing area and copies of the list shall be:
(a) exhibited in the public area of the court office of each county court in the issuing area; and
(b) given to members of the public on request.”.
10 

(1) In rule 6(1)(b) the words after “totalling £10,000” shall be deleted.
(2) After rule 6(2) there shall be inserted:“
(2A) The bailiff shall maintain the security referred to in paragraph (1) above throughout the duration of the certificate.
(2B) If, at any time during the duration of the certificate, for any reason (other than where rule 9(2) applies), the security referred to in paragraph (1) above not longer exists, or is reduced in value so that it amounts to less than £10,000, the bailiff shall provide fresh security under this rule to the satisfaction of the court.”.
11 
Rule 7(2) shall be deleted.
12 
After rule 7 there shall be inserted:“
7A 

(1) In this rule “relevant details” means a bailiff’s name, address or other written information appearing on the certificate.
(2) If there is any change in the relevant details, the bailiff shall without delay give written notice of the change to the issuing county court and produce his certificate (“the old certificate”) to the court officer of the issuing county court.
(3) When a bailiff gives notice and produces the old certificate in accordance with paragraph (2) above, the Judge of the issuing county court shall issue to the bailiff a replacement certificate reflecting the change in the relevant details but in all other respects (including, without limitation, the date of expiry of the certificate) the same as the old certificate.
(4) When a replacement certificate is issued in accordance with paragraph (3) above, the court officer shall retain and cancel the old certificate.
(5) No fee shall be payable for the issue of a replacement certificate in accordance with this rule.”.
13 

(1) In rule 8(1) after “shall be made” there shall be inserted “in Form 4 or, where the complainant has conducted a formal investigation into a complaint by a third party against the bailiff, in Form 5”.
(2) After rule 8(3) there shall be inserted:“
(3A) If upon reading the reply the Judge is satisfied as to the bailiff’s fitness to hold a certificate, the court officer shall issue a notice to the bailiff to that effect and no further action shall be taken in respect of that complaint.”.
(3) In rule 8(4) after “the notice” there shall be inserted “under paragraph (3) or (as the case may be) (3A) above”.
(4) After rule 8(4) there shall be inserted:“
(4A) If, after a notice has been issued under paragraph (3) above, the complainant so applies in writing, and the application is received by the court not later than the date 14 days before the date set for the hearing, the court officer of the court receiving the complaint shall order that the complaint be heard in the issuing county court whose name appears in column 2 of the Table opposite the name of the complainant’s home county court.
(4B) In the event of an order being made under paragraph (4A) above, the court officer of the court receiving the complaint shall forthwith send:
(a) to the court officer of the court hearing the complaint:
(i) certified copies of any relevant entries in the records of the court receiving the complaint; and
(ii) copies of all other documents in his custody relating to the bailiff’s certificate and to the complaint; and
(b) to the bailiff and any other interested party, notice of the order made under paragraph (4A) above.”.
(5) After rule 8(6) there shall be inserted:“
(7) If an order is made under paragraph (4A) above, the court officer of the court hearing the complaint shall, following the hearing, send to the court officer of the court which received the complaint certified copies of the order and all other documents in his custody relating to the bailiff’s certificate and to the complaint, including the certified copies and copies sent under paragraph (4B)(a) above;”.
14 

(1) After rule 9(5) there shall be inserted:“
(5A) When a bailiff holding a certificate ceases, for any reason, to carry on business as a bailiff he shall forthwith surrender his certificate to the Judge at the county court which issued the certificate, unless the Judge otherwise directs, and as from the date of the surrender the certificate shall be treated as if it had expired on that date.”.
(2) In rule 9(6), for the words from and including “to that effect” to and including “the costs of the notice”, there shall be substituted the words “to that effect in an appropriate newspaper, and the costs of the notice”.
(3) After rule 9(6) there shall be inserted:“
(7) References, in this rule, to the cancellation of a certificate shall not include the cancellation of a certificate upon the issue of a duplicate certificate, in accordance with rule 7A(4).”.
15 
In rule 11:
(a) in paragraph (1), for “taxed” there shall be substituted “assessed, by way of detailed assessment under Part 47 of the Civil Procedure Rules 1998,”;
(b) in paragraph (2), for “taxed bill” there shall be substituted “completed bill”;
(c) for “taxation”, wherever it occurs, there shall be substituted “detailed assessment”.
16 
For rule 13(1) there shall be substituted:“
(1) Each issuing county court shall compile a list of bailiffs carrying on business within that court’s issuing area and holding certificates as at 1st February every year, and the list shall be exhibited in the public area of the court office of each county court in the issuing area.”.
17 
In Appendix 2:
(a) before Form 1 there shall be inserted:“
Form 1 Bailiff’s Certificate
Form 3 Application for Certificate to levy distress
Form 4 Complaint against Certificated Bailiff
Form 5 Notification to County Court of Complaint upheld against Certificated Bailiff
Form 6 Cancellation of Bailiff’s Certificate
Form 7 Notice of Seizure of Goods and Inventory
Form 8 Form of walking-possession agreement (Request not to remove goods)
Form 9 Removal Expenses”;
(b) in Form 1, for “Bailiff’s General Certificate” there shall be substituted “Bailiff’s Certificate”;
(c) the forms set out in Schedule 1 to these Rules shall be substituted for Forms 2, 3, 4 and 5.
18 
After Appendix 2 there shall be inserted the Appendix set out in Schedule 2 to these Rules.
Signed by authority of the Lord Chancellor
Keith Vaz
Parliamentary Secretary,
Lord Chancellor’s Department
22nd July 1999
SCHEDULE 1
Rule 17(c)

SCHEDULE 2
Rule 18

Column 1 Column 2
COUNTY COURT ISSUING COUNTY COURT
Aberdare Merthyr Tydfil
Aberystwyth Aberystwyth
Accrington Burnley
Aldershot & Farnham Aldershot & Farnharn
Altrincham Altrincham
Ashford Canterbury
Aylesbury Milton Keynes
Banbury Oxford
Barnet Edmonton
Barnsley Doncaster
Barnstaple Exeter
Barrow-in-Furness Kendal
Basildon Southend
Basingstoke Aldershot & Farnham
Bath Bristol
Bedford Bedford
Berwick & Morpeth Berwick & Morpeth
Birkenhead Birkenhead
Birmingham Birmingham
Bishop Auckland Middlesbrough
Blackburn Burnley
Blackpool Preston
Blackwood Newport (Gwent)
Bodmin Truro
Bolton Manchester
Boston Lincoln
Bournemouth Bournemouth
Bow Shoreditch
Bradford Bradford
Brecknock Merthyr Tydfil
Brentford Brentford
Bridgend Cardiff
Bridgwater Taunton
Brighton Lewes
Bristol Bristol
Bromley Bromley
Burnley Burnley
Burton-upon-Trent Derby
Bury Oldham
Bury St Edmunds Bury St Edmunds
Buxton Chesterfield
Caernarfon Caernarfon
Caerphilly Cardiff
Cambridge Cambridge
Canterbury Canterbury
Cardiff Cardiff
Carlisle Carlisle
Carmarthen Haverfordwest
Central London Shoreditch
Chelmsford Chelmsford
Cheltenham Bristol
Chepstow Newport (Gwent)
Chester Chester
Chesterfield Nottingham
Chichester Chichester
Chorley Preston
Clerkenwell Shoreditch
Colchester Colchester
Consett Gateshead
Conwy & Colwyn Caernarfon
Coventry Coventry
Crewe Macclesfield
Croydon Croydon
Darlington Middlesbrough
Dartford Dartford
Derby Derby
Dewsbury Huddersfield
Doncaster Doncaster
Dudley Birmingham
Durham Gateshead
Eastbourne Brighton
Edmonton Edmonton
Epsom Epsom
Evesham Worcester
Exeter Exeter
Gateshead Gateshead
Gloucester Bristol
Grantham Lincoln
Gravesend Dartford
Grays Thurrock Southend
Great Grimsby Great Grimsby
Great Yarmouth Norwich
Guildford Epsom
Halifax Huddersfield
Harlow Cambridge
Harrogate Harrogate
Hartlepool Middlesbrough
Hastings Brighton
Haverfordwest Haverfordwest
Haywards Heath Chichester
Hereford Worcester
Hertford St Albans
High Wycombe Slough
Hitchin Luton
Horsham Chichester
Hove Brighton
Huddersfield Huddersfield
Huntingdon Peterborough
Ilford Romford
Ipswich Ipswich
Keighley Bradford
Kendal Kendal
Kettering Northampton
Kidderminster Birmingham
King’s Lynn King’s Lynn
Kingston-upon-Hull Kingston-upon-Hull
Kingston-upon-Thames Staines
Lambeth Lambeth
Lancaster Lancaster
Leeds Leeds
Leicester Leicester
Leigh Wigan
Lewes Brighton
Lichfield Stafford
Lincoln Lincoln
Liverpool Liverpool
Llanelli Swansea
Llangefni Caernarfon
Lowestoft Norwich
Ludlow Telford
Luton Luton
Macclesfield Macclesfield
Maidstone Medway
Manchester Manchester
Mansfield Nottingham
Mayor’s & City of London Shoreditch
Medway Medway
Melton Mowbray Leicester
Merthyr Tydfil Merthyr Tydfil
Middlesbrough Middlesbrough
Milton Keynes Milton Keynes
Mold Chester
Monmouth Newport (Gwent)
Neath & Port Talbot Swansea
Nelson Burnley
Newark Lincoln
Newbury Reading
Newcastle-upon-Tyne Gateshead
Newport (Isle of Wight) Portsmouth
Newport (Gwent) Newport (Gwent)
Northampton Northampton
North Shields Gateshead
Northwich Macclesfield
Norwich Norwich
Nottingham Nottingham
Nuneaton Coventry
Oldham Oldham
Oswestry Telford
Oxford Oxford
Penrith Carlisle
Penzance Truro
Peterborough Peterborough
Plymouth Plymouth
Pontefract Leeds
Pontypool Newport (Gwent)
Pontypridd Merthyr Tydfil
Poole Bournemouth
Portsmouth Portsmouth
Preston Preston
Rawtenstall Burnley
Reading Reading
Redditch Redditch
Reigate Epsom
Rhyl Caernarfon
Romford Romford
Rotherham Sheffield
Rugby Coventry
Runcom Macclesfield
St Albans St Albans
St Helens Liverpool
Salford Manchester
Salisbury Salisbury
Scarborough Scarborough
Scunthorpe Grimsby
Sheffield Sheffield
Shoreditch Shoreditch
Shrewsbury Telford
Skegness & Spilsby Lincoln
Skipton Bradford
Slough Slough
Southampton Southampton
Southend Southend
Southport Liverpool
South Shields Gateshead
Stafford Stafford
Staines Staines
Stockport Altrincham
Stoke-on-Trent Stafford
Stourbridge Birmingham
Stratford-upon-Avon Coventry
Sunderland Gateshead
Swansea Swansea
Swindon Bristol
Tameside Oldham
Tamworth Stafford
Taunton Taunton
Telford Telford
Thanet Canterbury
Torquay & Newton Abbot Torquay & Newton Abbot
Trowbridge Bristol
Truro Truro
Tunbridge Wells Tunbridge Wells
Uxbridge Uxbridge
Wakefield Leeds
Walsall Wolverhampton
Wandsworth Lambeth
Warrington Macclesfield
Warwick Coventry
Watford Watford
Wellingborough Northampton
Welshpool & Newton Welshpool & Newton
West London Brentford
Weston-Super-Mare Bristol
Weymouth & Bournemouth Dorchester
Whitehaven Whitehaven
Wigan Wigan
Willesden Brentford
Winchester Southampton
Wolverhampton Wolverhampton
Woolwich Lambeth
Worcester Worcester
Workington Whitchaven
Worksop Lincoln
Worffiing Chichester
Wrexham Chester
Yeovil Taunton
York York