Editing Distraint (section)

===United Kingdom===
[[File:Sir David Wilkie - Distraining for Rent - Google Art Project.jpg|thumb|''[[Distraining for Rent]]'' by [[David Wilkie (artist)|David Wilkie]], 1815]]
In the United Kingdom the proposals which have been implemented to reduce the area to post-warrant executions by registered court bailiffs (enforcement officers) gained serious traction in the late 20th century.<ref name="LCUK2">{{Cite book|last=Law Commission and the Scottish Law Commission|title=Statute Law Repeals: consultation Paper Civil and Criminal Justice|url=http://lawcommission.justice.gov.uk/docs/slr_civil_and_criminal_justice.pdf|format=PDF|publisher=Law Commission|location=United Kingdom|section=GROUP 3 - DISTRESS|pages=11–19|date=March 2010|access-date=October 6, 2014|archive-url=https://web.archive.org/web/20141006114954/http://lawcommission.justice.gov.uk/docs/slr_civil_and_criminal_justice.pdf|archive-date=2014-10-06|url-status=dead}}</ref>

In post-warrant execution and former civil distress concerns were regularly expressed that certain instances of distraint violate human rights, such as [[European Convention on Human Rights#Article 8|Article 8 of the European Convention on Human Rights]], the right to respect for private life.<ref>''Fuller v Happy Shopper Markets Ltd'' [2001] All ER</ref> The Lord Chancellor's Department (now the [[Ministry of Justice]]) in May 2001 issued ''Enforcement Review Consultation Paper No. 5: Distress for Rent'', which spurred the abolition of distraint for residential leases and reduced it to peaceable re-entry, that is closing down of commercial premises and no taking of goods, by authorised, registered bailiffs ("enforcement officers") in commercial property subject to safeguards &ndash; to ensure compliance with the [[Human Rights Act 1998]].

It was thought that distraint would be abolished in the UK when section 71 of the [[Tribunals, Courts and Enforcement Act 2007]] came into force, replacing it, solely for [[lease]]s on [[commercial property]], by a statutory system of commercial rent arrears recovery (CRAR).<ref>[[Tribunals, Courts and Enforcement Act 2007]], ss.72-87/ Sch.14</ref><ref name="explan3">{{ cite web|access-date=2008-03-05 |url=http://www.england-legislation.hmso.gov.uk/acts/acts2007/en/07en15-e.htm |archive-url=https://archive.today/20121223200109/http://www.england-legislation.hmso.gov.uk/acts/acts2007/en/07en15-e.htm |url-status=dead |archive-date=2012-12-23 |title=Explanatory Notes to Tribunals, Courts And Enforcement Act 2007 |year=2007 |publisher=Office of Public Service Information |quote=paras.317-405 }}</ref> (The Tribunals, Courts and Enforcement Act 2007 received [[royal assent]] in July 2007 but no date for implementation was published. A commencement order{{which|date=November 2024}} in 2012 followed which brings into force sections 93 and 94 of the act (on 1 October 2012 and 17 May 2012 respectively), which amend the [[Charging Orders Act 1979]].)

Bailiffs must provide evidence of their identification upon request by the debtor, as a well as sight of the warrant providing them with authority to enter.<ref name=nodebtcollectordistress/> They must also legally give the debtor an enforcement notice seven days before they visit.<ref name=nodebtcollectordistress/> In contrast, private sector debt collectors can chase a debtor to pay what is owed to a creditor, but they cannot levy distraint.<ref name=nodebtcollectordistress/> Debt collectors are not allowed to pretend to be a bailiff.<ref name=nodebtcollectordistress/> Debtors can also check the register of certificated bailiffs if they are unsure about whether a bailiff is certificated or not.<ref name=nodebtcollectordistress>[http://researchbriefings.files.parliament.uk/documents/SN04103/SN04103.pdf ''Bailiffs''] Lorraine Conway and Jack Dent. House of Commons Library: Briefing Paper Number 04103, 9 June 2017</ref>

Practices relating to distraint are now referred to as "[[taking control of goods]]" and governed by the Taking Control of Goods Regulations 2013 ([[SI 2013]]/1894).<ref>UK Legislation, [https://www.legislation.gov.uk/uksi/2013/1894/contents The Taking Control of Goods Regulations 2013], made 26 July 2013, came into force on 6 April 2014, accessed 10 June 2024</ref>