1. THE LAW ASSOCIATION OF TRINIDAD AND TOBAGO
In collaboration with
THE LAW ASSOCIATION OF TRINIDAD AND TOBAGO

2. THE ESSENTIALS : PRIVATE BAILIFF LAW & PRACTICE
Ministry of the Attorney General and Legal Affairs

3. reform & implementation
about
framework
Regulation of Private Bailiffs
reform & implementation
Ministry of the Attorney General and Legal Affairs

4. About
Who is a bailiff?
A holder of a valid licence issued by the Registrar of the Supreme Court of Trinidad and Tobago to perform functions set out under section 9 of the Bailiffs Act, Chap. 4:61

5. Private Bailiff Public Service Bailiff
Appointed by the Public Service Commission to work within the Judiciary.
Private Bailiff
Employed privately to execute certain legal remedies on behalf of a person so entitled.

6. reform & implementation
Form is state regulation
Scope is network based
Elements : Administrative and Legislative
Administrative – intake and training processes
Legislative – private bailiff activities, complaint, licensing,
registration
reform & implementation

7. REFORM AND IMPLEMENTATION TIMELINE
Bailiff Act, Chap 4:61 passed
Act effective June 30th, 2001 and first group of bailiffs licenced
1990s
2001
2007
2000
2001
Public outcry for change.
Law Reform Commission recommends reform
Bailiff (Amendment) Act, 2001 passed to validate certain activities
Second group of bailiffs
licenced

8. PRINICPAL BODIES 03 02 01 04 REGISTRAR ATTORNEY GENERAL PRESIDENT
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS
Sec 5, 14
PRESIDENT
REPUBLIC OF TRINIDAD AND TOBAGO
Sec 15
REGISTRAR
SUPREME COURT OF JUDICATURE
Sec 5,6,7, 8
PETTY CIVIL COURT
MAGISTRACY
Sec 12 01
POLICE SERVICE
Reg. 23

9. PRIVATE BAILIFF CAN …
Seize goods from a tenant to satisfy the value of the sum of rent outstanding. [sec 8 Landlord and Tenant Ordinance, Chap. 27:16]
Repossesses goods taken on hire purchase from a person who owes more than 70 % of the hire purchase price and breached the hire purchase agreement. (sec 18 Hire Purchase Act, Chap. 82:33

10. PRIVATE BAILIFF CANNOT…
Breach the Act, Regulations. Eg engage in debt collection or employed at a debt collection company [sec 9(4)] Anil Maharaj Trading As A.Maharaj Tyre Service v. Rudy Roopnarine and Another CV Break and enter to seize hire purchase goods without an order of the Court

11. Shanazar Persaud v Ashmed Tajmool and Ors CV and CV Zahara Ali v Shazard Ali and Ors
“with respect to acts outside the ambit of section 9 a Bailiff, whether licensed or not, has no special protection or immunity. Section 10 of the Act merely provides the procedure by which a licensed bailiff is to carry out the functions under the Act. A failure to comply with section 10 with respect to these functions may render the Bailiff liable to lose his licence as well as to summary conviction.”

12. Bailiff law framework Property Law Criminal Law Law of Tort
Contract Law
Law of Tort
framework

13. IMPORTANT LOCAL PRIVATE BAILIFF CASES
Frank Martineau and Another v. Harper and Others, CV
10/cv_10_03282DD07feb2012.pdf
Ramsingh and Another v. Chowbay and Another, CV
015/cv_15_01399DD25apr2018.pdf

14. IMPORTANT LOCAL PRIVATE BAILIFF CASES
Harrypersad Angad Lutchman v. Shukur Skaheer, CV
er/2006/cv_06_00839DD16apr2014.pdf

15. IMPORTANT LOCAL PRIVATE BAILIFF CASES
Anil Maharaj Trading as A.Maharaj Tyre Service v. Rudy Roopnarine and Another CV
12/cv_12_04524DD19apr2012.pdf
Shanazar Persaud v Ashmed Tajmool and Ors CV and CV Zahara Ali v Shazard Ali and Ors
2/cv_12_02080DD18dec2013.pdf

16. The Private Bailiff in Practice issues in practice due diligence
Clients
due diligence
issues in practice
The Private
Bailiff in Practice
Ministry of the Attorney General and Legal Affairs

17. Clients Landlords Hire Purchase Owners Judgment Creditors
WHO DO BAILIFFS SERVE?
Landlords
Hire Purchase Owners
Judgment Creditors
Banks, Financial Institutions and Credit Unions
The Board of Inland Revenue
Clients

18. LANDLORDS For arrears of rent
Instructions received DIRECTLY from Landlord or his Attorney at Law either by way of letter or Warrant of Distress.
Rent Must Be Certain And In Arrear

19. Landlord, his agent or his attorney at law should produce:
Proof of ownership of premises
Rental agreement
Copy of last receipt or statement of rents received
Valid form of identification
Notice to quit, if any
Any subsequent agreement to pay arrears, if any

20. Form of Warrant and Contents
Full and proper name of tenant
Full and proper address of demised premises
Rent certain and period certain
Indemnity

22. Actions of Bailiff after receipt of instructions
1 Agree fees and expenses
Undertake risk survey
Engage police assistance, if necessary
Mobilize labour and cartage
Execute distress levy

23. Executing Distress Levy
Bailiff must produce his Licence and his Instructions to levy to the tenant or occupier of premises
Must obtain peaceable entry
Impound goods on premises or cart away
Leave Inventory of goods seized with tenant or occupier

24. After Distress Levy
Bailiff must lodge levy documents with District Magistrate within 3 days
Advertise goods for sale by public auction ONLY after 5 days

25. Process After Sale
Deduct fees and expenses from proceeds of sale
Pay arrears to landlord plus any advance fees paid
Surplus of sale, if any, paid over to tenant, authorized person or police
File Return of Sale with District Magistrate. Give full account of monies received and paid

27. HIRE PURCHASE OWNERS
Instructions in writing from owner of hire purchase goods
Must set out hire purchase arrears and date of 21 days’ notice
Must properly describe hired goods

28. If the value of the contract is for less than $15,000.00
If no more than 70% have been paid
If 21 clear days notice have been given
due diligence

29. Bailiff is responsible for the actions of his assistants
Dangers and Impediments:
Hot spots
Adjacent premises/Locked doors/open windows
Importance of timeline
issues in practice

30. Role of the Police Service
Ministry of the Attorney General and Legal Affairs

31. Contact us Bailiff Committee Secretariat privatebailiffs@ag.gov.tt
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS

32. THANK YOU