You can ask our online solicitors for advice on bailiff using the question box on the front of our website or the following free legal advice guide may answer your questions. 

The bailiff comes in many forms and with many different authorities.  He can be instructed from many sources and may collect upon parking fines, CSA arrears, outstanding CCJs or council tax arrears.  However polite and reasonable he appears to be, make no mistake the bailiff comes with intent to seek out your goods, secure them under this control and sell them if necessary.

The bailiff is used by a large number of sources and his powers will differ in each case.  But only you can take action to secure your property from the reach of the bailiff.  Seek suspension of the writ, negotiate repayments or claim compensation from the bailiff are all options open to you.  Doing nothing is the worst possible solution.  That makes the job of the bailiff easy.

There are limitations to the powers of the bailiff.  They cannot force entry usually.  You should not let them in.  If you do so they will compile an inventory of your goods and place them in walking possession so you cannot remove them lawfully.

Some bailiffs do exceed their powers.  You can claim compensation from the bailiff who acts unlawfully.  You can claim back what was taken and seek compensation for the inconvenience in addition.  There are set procedures but all is not lost merely because you have paid.

Peaceful Entry Into Premises

For the bailiff entry to the debtors premises is the first hurdle.  It is vital you do not help them to seize your goods by allowing them access.

A bailiff cannot immediately break in.  He is allowed to effect entry only if he can do so by peaceful means.  That will mean via an open door or window or by invitation.  Once he has been allowed in or gained entry lawfully, he is free to break in thereafter.

Peaceful entry can mean a large number of things.  A bailiff can climb through an open window even if he has to climb to the top of the house to reach the second storey.  He can read through an open window to open a lock.

He cannot force open a closed but unlocked window however.   A bailiff can only enter a door that is closed but not locked and can open a door which is partially open.  Once a bailiff has gained entry he can break open any internal doors.  A bailiff may also use keys to open doors or climb over walls.

There are some exceptions to the above.  Inland Revenue bailiffs can make an application to the court for a warrant allowing forced entry.  County Court bailiffs may force entry into buildings not directly connected to the house but within the curtilage of the premises.

Distree for Rent

Distress is an ancient remedy.  It is used by landlord’s to seize the goods of a debtor within the premises and recoup his losses from the sale of those goods.

There must be a landlord and tenant relationship for this right in law to arise.  Any other housing status, for example that of a subtenant his licensee, and this right would not apply.

Distress arises as soon as any rent is in arrears during the tenancy.  It continues for six months after the termination of the tenancy as long as the tenant is still in occupation of the property.  It would be lost if the tenant were rehoused.  The right of distress would be lost also if a CCJ were obtained for the arrears even if the CCJ remains unsatisfied.

A court order for distress will be required by a landlord of a protected or statutory tenant or an assured tenant.  Local authority or housing association landlords do not require an order of the court.

Distress can only be levied between sunrise and sunset and not upon Sundays.  The tenant is under no obligation to let the bailiff into the premises and the bailiff can only enter if he can do so peacefully.  Unless he can do so, there can be levy.

The bailiff must impound the goods even if he leaves them on the debtors premises.  If he does not do so, then no transfer in legal ownership has taken place and he cannot return, break in, remove the goods and sell them.

Goods That Cannot be Seized

Bailiffs can generally seize anything that he believes will produce enough money to pay off the outstanding arrears.

However there are things that cannot be seized.  Things that are needed to meet the basic domestic needs of the debtor and his family would be prohibited.  That would include things like clothes, bedding, furniture, household equipment and items of that nature.

Goods that are not the property of the person named on the liability order cannot be seized.  Also, goods that have been levied for another debt are prohibited.

Goods subject to a hire purchase arrangement or a conditional sale agreement should not be levied but goods on a credit sale agreement can be.  Rented goods are exempt from distress.

Goods cannot be seized if they belong to a bankrupt debtor.

A bailiff can levy upon goods which are jointly owned by the debtor and another person.

Bailiff-Business Rates

A local authority can levy distress upon a ratepayers’ goods.  It will need to obtain a liability order from the Magistrates Court first.  That order acts as a distress warrant without the need to return to the Magistrates Court.

It is always useful to negotiate with the local authority to see if agreement cannot be reached.  Only if it fails or an agreement is reached which is broken will goods be levied.

The bailiff can levy goods at any time although and from any location.  A bailiff can be refused entry but it is not practicable to refuse entry to such a person in the commercial sector where the retailer cannot ascertain the identity of those that enter his premises.

The bailiff can seize any goods that belong either jointly or wholly to the debtor.  In a business setting goods will often belong to third parties.  If a bailiff does seize goods belonging to another then the debtor must immediately bring this to the attention of the bailiff.

Initially the burden of proof is with the debtor but the bailiff will be under an obligation to act with caution thereafter.

Once the goods have been seized the bailiff will seek to impound them.  That can be done by immediately removing goods or placing them into a walking possession agreement.  The latter will mean that the goods remain with the debtor and can be used by him but disposing of them would be unlawful.

Bailiff – Council Tax

Council tax arrears are generally collected by bailiffs. The local authority must gain a liability order from the Magistrates Court.  Thereafter they can instruct bailiffs to recover the debt without further order. The debtor must be notified of the liability order.

The debtor may offer to pay some or the whole amount of the arrears.  An offer can be made by the debtor but the local authority are not under an obligation to accept it.  In practice, for the most part they will do so.

It is in their interests to accept payment in instalments.  If a payment programme breaks down it is at the discretion of the local authority how to proceed.  They cannot be forced to let the debtor continue as before.

A council tax bailiff can attempt to levy goods at any time.  However, he has no legal right to force entry to the debtors’ home.  He will need either to effect peaceful entry or to be invited in.  If he is able to gain entry though, access can be forced in future.  Without entry the bailiff cannot make distraint although, in practice, a bailiff may simply clamp a debtors’ car.

After seizure the goods will be impounded.  The most common means of doing so is to place the goods in ‘walking possession’.  That will mean that the debtor will keep the goods but disposing of them is an offence