The Irish Constitution States: Inviolability of a citizen’s dwelling
The Constitution declares that the dwelling of a citizen is inviolable and shall not be entered forcibly except in accordance with the law. This means that no one, including the Gardaí, may enter the place where you live without a warrant or other legal authority to enter. No Sheriff or Bailiff has a legal right to enter your property.
Commercial bailiffs, who will be sending you lots of letters, whilst rarely visiting your property; have far fewer powers than court bailiffs and can be sorted out with a few documents and a simply procedure.
First, print out this Notice of Removal of Implied Right of Access and laminate it [which can be found at the very bottom of this page], then place this notice at the entrance of your property. Should the bailiff ignore it he will be trespassing on your property.
This is the notice you can print off
and put on your front door’
REMOVAL OF IMPLIED
RIGHT OF ACCESS
Notice is hereby given that all implied rights of access to the property known as Your address here, are removed in respect of the following:
Any employee or agent or principal or any other person acting on behalf of the CORPORATE COURTS, COURT MESSENGER, LOCAL COUNCILS, and
Any employee or agent or principal or any other person acting on behalf of any bailiff or bank or credit union or receiver or other debt collection agency, or acting for Revenue commissioners.
Please also take notice that the land known as Ireland is a Common Law Jurisdiction and any transgression of this notice will be dealt with according to common law. Without ill-will, vexation or frivolity,
Given under the great seal
of the ancient clan of SURNAME by
(authorised representative for NAME)
WITHOUT PREJUDICE (all natural inalienable rights reserved) Warning – Failure to comply with this notice – without lawful excuse or claim of right – will be deemed common law trespass and your unconditional agreement to pay the [freeholder] the sum of €700 (seven hundred euro) or the inflation adjusted equivalent thereof in compensation & that a lawful invoice will be drawn against you with payment terms of within 7 (seven) days of service. Further you would have agreed to waive all your rights in any dealings with the [freeholder]; and dishonour will be enforced. Claim of ignorance of this lawful notice will be deemed no lawful excuse. So this is the offer to contract,
by PRESSING MY DOORBELL OR KNOCKING AT MY DOOR WILL BE deemed your acceptance.
If you are expecting bailiffs to visit and you don’t know who is at the door, then don’t open it when somebody knocks. Ask, through a window or the mailbox (or just shout through the door) and ask who it is. If they reply that are from the Council or some other authority or body, ask exactly who they are and what their business is with you. If they are a bailiff or other undesired person, say, “Just a moment, please” and go out of the back door locking it behind you and go to meet them by the front door, taking with you a clipboard, a note pad and a camera.
If there is more than one of them, do the following for each person; ask them again, writing down all the answers, who they are employed by who they are an agent for. Ask to see their ID and write down everything on it – ask if they mind you taking a photograph of it and do so, then ask for the following:
- their bailiff’s certificate number.
- which court certificated them.
- what their business is
- a full breakdown of their fees
- to see their warrant
- if they mind you taking a photograph of it and do so.
- if they have a Walking Possession Order; if so, ask them to hold it for you while you take a photograph. (Don’t take hold of it if he offers it to you?)
- ask them to complete and sign for your records, the template letter confirming their attendance on your property. When completed, post it through your mailbox.
- ask if they saw the notice at the front gate – the Notice of Removal of Implied Right of Access
Take note if it has a court stamp and/or the signature of an agent of the court.
Take a photograph of them with your front door in the background.
Tell them politely and kindly that they have committed the statutory offence of trespass, because they have failed to comply with your notice and you will be pursuing damages in court.
If their warrant did not have either a court stamp or the signature of a court official or both then tell them politely and kindly that it is invalid and why.
Do NOT sign the Walking Possession Order or any other document offered to you by the bailiff.
Do NOT confirm your name or identity.
Do NOT admit the debt.
As they depart go with them and take photographs of them leaving your property (ideally with the notice in the background)
You then have the evidence to pursue them in the County Court and need to take a small claim against them.