Bailiff rights and powers. What they can and cannot do

Bailiffs must send a letter before they visit you. You should get a warning before they come.

The process is as follows:

• The people you owe ask a bailiff to act for them using a ‘warrant of control’
• This means they can visit you to take away goods and sell them at auction
• The bailiff sends you a letter called a notice of enforcement (PDF)
• This explains why they are visiting you
• Pay off the debt or agree repayment terms within seven working days of receiving the letter
• The bailiff will visit your home if you do not
• They will try to come inside and make a list of things to sell at auction
• It is rare for them to take goods away on their first visit
• They may make a ‘controlled goods agreement’ (PDF)
• This means they leave your goods with you but
• You must make payments towards the debt

A bailiff can visit between 6am and 9pm.

They can only visit outside these times if:

• They get a warrant from a court allowing this
• They are coming to a business which is only open outside these hours

They can visit any day of the week. But they should avoid religious or cultural festivals unless it is absolutely necessary.

Bailiffs can visit:

• Any property in England or Wales
• Anywhere you live or run a business

In practice, they are most likely to visit you at home.

Bailiffs can visit someone else’s property if:

• You store goods there
• They have a court warrant

Bailiffs can visit your business address if you are self-employed. They should not visit your workplace if you work for someone else.

They can take any goods you have left on a highway, including your car.

• Some bailiffs use automatic number plate recognition (ANPR) cameras to find cars on the road
• They can use details from the DVLA to help find your car

Bailiffs may not always need to come into the home to take control of goods.

They may offer a Virtual controlled goods appointment if:

• You are vulnerable and
• Cannot have visitors

This is rare though.

If you are expecting a bailiff visit do not let them into your property.

Now that the rules have changed, you need to know that:

• A bailiff does not need to enter the property to take control of goods
• They could list goods they can see through a window
• You may want to close any curtains and blinds before they visit
• You could move any high-value goods to a place where they cannot be seen
• If a bailiff lists goods they can see through your window, it is your choice whether to sign the controlled goods agreement
• If you do not sign:
• They cannot force entry to your home
• They cannot take control of the goods unless they are let into your home

No. They must make a peaceful entry to the home.

This means that if the bailiff makes a controlled goods agreement without entering the property, they cannot force entry to remove the goods later.

The goods will not be taken into control unless you sign the agreement.

This applies only when the bailiff lists:

• Virtually, or
• Through the window

They could try to take goods inside the property another way. Like, removing them immediately to safe storage.

They cannot do this without entry. So you can refuse to sign.

No. A controlled goods agreement must be signed by you and the enforcement agent.

A bailiff cannot:

• Make a list of goods they see through the window
• Post it through the letterbox

You, or someone acting for you, must be there when the agreement is made.

They may return and try again.

Bailiffs may apply for a warrant to force entry if you keep refusing them. This is rare, and usually only applies to Magistrate court and HMRC debts.

Bailiffs can apply for a warrant to force entry for CCJs, but only if:

• The judgment is related to a business address, or
• You moved controlled goods to another place to avoid them being taken

The people you owe may cancel the warrant if they do not think the bailiffs can get any money. This means they will not return to your home.

In most cases a bailiff can only:

• Enter your house peaceably
• Through a front or back door

This means they must:

• Explain who they are
• Say why they are calling
• Enter without using force, unless they have a warrant allowing them to do so (which is rare)

Find out more about dealing with bailiffs.