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i This advice applies to people living in England and Wales only.

Bailiff and enforcement agents advice

Bailiff rights and powers. What they can and cannot do

Bailiffs have rules they have to follow. You do not always have to let them into your home and there are some goods they cannot take from you. You can complain if they break the rules. Read our bailiff advice on your rights and their powers.

If you live in Scotland or Northern Ireland, the rules are different.

Scotland: A guide to sheriff officers

Northern Ireland: A guide to the Enforcement of Judgement Office (EJO)

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  1. Council tax and bailiffs
  2. What happens when a bailiff visits?
  3. What should I do when a bailiff turns up?
  4. Can bailiffs force entry?
  5. We can help with bailiffs
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Debt jargon can be hard to understand. Our glossary explains over 250 debt and credit related words in simple terms.

Do councils send bailiffs?

Yes. Councils have legal powers to collect council tax. They can send bailiffs to your home to work out a payment arrangement. They will only start making a list of your belongings to pay for the debt when an arrangement cannot be made.

Councils act quickly when tax payments are missed, but bailiffs will only usually be sent after:


  • A first reminder letter to pay the debt has been ignored
  • A second reminder letter has been ignored
  • It has still not been paid after a final reminder letter

The council will then apply for a ‘liability order’ to take action and recover the debt. Sending bailiffs could be one of these actions.

Find out more about what happens if you don’t pay your council tax

How long can you be chased for council tax debts?

Most types of debt become 'statute barred' (England and Wales) or 'prescribed' (Scotland) after a period of time.

This means the debt cannot be pursued because too much time has passed.


  • In England, Wales and Northern Ireland, council tax debts are statute barred after six years
  • In Scotland, council tax debts are prescribed after 20 years

This is only if the council tax debt does not have a liability order or summary warrant (Scotland). Find out more about how unpaid council tax debt is dealt with.

Can a bailiff force entry for council tax?

A bailiff can only ‘force’ entry:


  • To collect a criminal fine or taxes owed to HM Revenue & Customs (HMRC)
  • To take goods if there was a controlled goods agreement in place, but you did not pay what you agreed to pay

A bailiff cannot force entry to your home for a council tax debt unless they already have a controlled goods agreement in place. You can read more about controlled goods agreements later in this guide.

Force is rarely used by bailiffs, and it does not mean they can break down your door or get in through a window.

Can you be jailed for non-payment of council tax?

This depends on where you live, and if there is a court order in place for the debt.


  • In England, you could go to prison for up to three months if you do not pay what you have been ordered to pay by the court. This is a last resort and very rare
  • In Scotland and Wales, you cannot be sent to prison for unpaid council tax

Find out more about what happens if you do not pay council tax

Will I get any warning before a bailiff visit?

Bailiffs must send a letter before they visit you. It is called a ‘notice of enforcement’ (PDF) and will explain why they are visiting you. The letter will also ask you to get in touch with them and pay off your debt or agree to payment terms. If you do not reply, they will visit your home.

Bailiffs or ‘Enforcement Agents’ must follow a set process for collecting debt. There are lots of rules that set out their powers and your rights.

Some of these rules include:


  • How they contact you
  • When and where they can visit you
  • What goods they can and cannot list to take
  • How they behave towards you
  • How they treat vulnerable people

If you are considered vulnerable, you can ask that the people you owe stop enforcement action.

You can use our sample letter to do this.

When and where can bailiffs visit?

Bailiffs are most likely to visit you at home. But they can visit any place you live or run a business.

They can visit between 6am and 9pm, Monday – Sunday.

Read our guide to bailiff visits to find out more about what bailiffs can and cannot do.

What should I do when a bailiff visits?

They usually turn up to try and get payment for the debt or to make a list of goods they can take and sell to pay your debt off.

The bailiff might say you have to pay them on the doorstep or let them in. You don’t.

Do not let them into your home.

You should:


  • Keep all doors, gates and garages locked
  • Talk to the bailiff through a letterbox or on the phone
  • Check their body-worn camera is on
  • Ask for their ID and proof of warrant or writ of control
  • Tell them if you are considered vulnerable

It is best to try and talk to the bailiff about payment arrangements to avoid them coming back. More visits from bailiffs will add more fees to your debts.

Tell them to leave if they cannot prove who they are. If they will not leave, tell them you are reporting them to the police.

What happens if I let a bailiff in?

They will start making a controlled goods agreement. This is a list of items the bailiff could take and sell to pay off the debt.

They will ask you to sign the agreement. This means you agree to repay the debt in a payment plan, and if you don’t your goods could be sold.

Find out more about controlled goods agreements and what bailiffs will do with your goods.

A bailiff does not need to be in your home to start taking control of some goods, like clamping your car if it is parked on the street or in your driveway.

If a bailiff tries to clamp or take a vehicle you are still paying for on hire purchase, tell them you are still under an agreement and the car is not yours. They should stop.

Can a controlled goods agreement be made without me?

No. A controlled goods agreement must be signed by the bailiff and you, or someone acting for you if you are considered vulnerable.

A bailiff cannot:


  • Look in your window and make a list of goods inside
  • Make an agreement alone and post it through the letterbox

What happens if I do not let bailiffs in?

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 of control 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.

Can bailiffs force entry?

In most cases, no. A bailiff can only enter your house peacefully through a front or back door.

They must:


  • Explain who they are
  • Say why they are there
  • Show their identification and warrant
  • Turn their body-worn cameras on

Read more about dealing with bailiffs.

Can bailiffs force entry with a locksmith?

They are not allowed to:


  • Break down your door
  • Use a locksmith without a warrant to do so
  • Ask the police to force entry without a warrant

They also cannot:


  • Climb through window
  • Push past you or push you out of the way
  • Put their foot in the door to stop you closing it
  • Lie about who they are or why they are there
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