Good Morning
I comprehend this part
Hopkins v Nightingale 1794 1 Esp 99 is one authority to this which says even if a door is within the boundaries of a property and can only be reached by passing through other gates or doors, if it constitutes the entrance to a dwelling it is protected.
Many porches were constructed as a "feature" to dwellings and as such the "actual" door to the property is contained within the porch. If the porch is open the Bailiff may enter but if he is then confronted by the locked original entrance then he has not gained peaceful entry.
I am struggling with the actual case law on the porch not being included in main property. Can not find any reference to this bit.
Thanks in advance
Hopkins v Nightingale
Re: Hopkins v Nightingale
I can see your argument, because they could interpret the front door as being an internal door because the porch forms part of the dwelling making the front door an internal one.
If a case was brought, my argument would follow regulations and use case law wherever regulations are silent.
Here, regulation 20 of the Taking Control of Goods Regulations 2013 says
Mode of entry or re-entry to premises
any door, or any usual means by which entry is gained to the premises
If the outside porch door is unlocked, the bailiff can enter the porch by turning the handle.
If the front door is locked, then he cannot enter through the door because excessive force must be avoided, Paragraph 60 or 61 of the Taking Control of Goods: National Standards 2014.
Going to case law. If the key is in the lock, the bailiff can enter by turning the key. Ryan v Shilcock [1851] 7 Exch 72 but not if the key is found under a mat, Welch v Krakovsky [1919] or given by a landlord,Nash v Lucas [1867] 2 QB 590.
The 2014 regulations don't provide to bailiffs to break open internal door to any property occupied domestically.
A case in 2015 involving a pub with domestic accommodation above showed the bailiff can enter the pub because its not domestically occupied. But, if any internal door inside the pub leading to the occupied premises is locked, the bailiff cannot break entry to the through the locked door to gain access to domestically occupied premises.
If you can give some case background, I’ll see what cause of action is available.
If a case was brought, my argument would follow regulations and use case law wherever regulations are silent.
Here, regulation 20 of the Taking Control of Goods Regulations 2013 says
Mode of entry or re-entry to premises
any door, or any usual means by which entry is gained to the premises
If the outside porch door is unlocked, the bailiff can enter the porch by turning the handle.
If the front door is locked, then he cannot enter through the door because excessive force must be avoided, Paragraph 60 or 61 of the Taking Control of Goods: National Standards 2014.
Going to case law. If the key is in the lock, the bailiff can enter by turning the key. Ryan v Shilcock [1851] 7 Exch 72 but not if the key is found under a mat, Welch v Krakovsky [1919] or given by a landlord,Nash v Lucas [1867] 2 QB 590.
The 2014 regulations don't provide to bailiffs to break open internal door to any property occupied domestically.
A case in 2015 involving a pub with domestic accommodation above showed the bailiff can enter the pub because its not domestically occupied. But, if any internal door inside the pub leading to the occupied premises is locked, the bailiff cannot break entry to the through the locked door to gain access to domestically occupied premises.
If you can give some case background, I’ll see what cause of action is available.
Re: Hopkins v Nightingale
The 2014 regulations don't provide to bailiffs to break open internal door to any property occupied domestically.
The internal door from a porch isn't internal, its actually believe it or not is the external door.
Reason!
The porch is a sheltered area, it is a separate structure to the house, although connected.
Since you have to keep the original external door. The EA has NOT gained peaceful entry to the 'property' just the shelter (porch) whether it is un/locked.
If you don't keep the original exterior door its then known as part of the accommodation! Then they have gained peaceful entry.
This is all covered in the building reregulations btw...
Another example is access gained via an unlocked garage door that has an internal door that is unlocked as well, peaceful entry is gained. So be careful.
The internal door from a porch isn't internal, its actually believe it or not is the external door.
Reason!
The porch is a sheltered area, it is a separate structure to the house, although connected.
Since you have to keep the original external door. The EA has NOT gained peaceful entry to the 'property' just the shelter (porch) whether it is un/locked.
If you don't keep the original exterior door its then known as part of the accommodation! Then they have gained peaceful entry.
This is all covered in the building reregulations btw...
Another example is access gained via an unlocked garage door that has an internal door that is unlocked as well, peaceful entry is gained. So be careful.