Bailiffs are often seen as the final step in debt recovery. However, their powers and the processes they follow are regulated to protect both creditors and debtors. If you’re wondering when bailiffs get involved, this guide will walk you through the key facts, including when they're used, what they can do, and how you can prepare.
What is a bailiff?
A bailiff, officially known as an enforcement agent, is a professional that can collect debts on behalf of creditors or enforce court orders. They're often employed by private companies, local authorities, or the court itself. Common situations involving bailiffs include collecting unpaid rent, council tax, or utility bills, or enforcing repossessions or evictions.
There are a few different types of bailiffs. These include Certified Enforcement Officers, High Court Enforcement Officers, County Court Bailiffs, and Civilian Enforcement Officers. The most common is Certificated Enforcement Agents who can take control of goods and act on a warrant issued by the County Court for debts.
When are bailiffs used?
Bailiffs are usually used after all other methods of payment recovery have failed. This often includes several reminders for payment and a court judgment in favour of the creditors. Creditors must follow legal procedures before instructing bailiffs, and debtors receive notice and opportunities to pay before enforcement action is taken.
Typically, bailiffs are used in two main situations:
1. Debt collection
Bailiffs may be instructed to recover outstanding debts after attempts by creditors to resolve the issue have been unsuccessful. Common debts where bailiffs are used include:
Council tax arrears
Parking fines
Unpaid rent
Utility bill debts
County Court Judgments (CCJs) where the debtor has not paid voluntarily
2. Eviction
When a landlord or lender obtains a possession order due to missed rent or mortgage payments, bailiffs are authorised to remove tenants. Landlords must apply for a warrant of possession before bailiffs can carry out an eviction.
When can a bailiff collect a debt?
Bailiffs are only permitted to collect debts when specific legal steps have been followed:
Court judgment or enforcement notice: Most debts require a County Court Judgment (CCJ), High Court writ, or a magistrate’s court order before bailiff involvement.
Notice of enforcement: Before visiting, the bailiff must send a notice giving you at least seven clear days to settle the debt. According to the House of Commons, "The statutory position is that bailiffs are required to give seven days’ notice before they first visit a debtor’s property (known as an enforcement notice)."
Valid authority: Bailiffs must carry appropriate documentation, including a warrant of control or possession, when they visit.
Certain debts, such as tax arrears or unpaid fines, may allow bailiffs to act with fewer formalities, but proper notice is still required.
💡Editor's insight: "If requested, bailiffs must show evidence of their identity and their authority to enter a property. You can also check the Register of Certificated Bailiffs if you want more information on if the person is certificated or not."
What can a bailiff take?
Bailiffs have specific rules about what they can and cannot take when enforcing a debt. Generally, they are permitted to seize non-essential goods that can be sold to recover the money owed. However, there are limitations:
Items a bailiff can take
Luxury or non-essential goods: This includes TVs, gaming consoles, jewellery, and high-value electronics.
Vehicles: A car, motorcycle, or van registered to the debtor can be taken unless it is needed for work or a disability, in which case there are exemptions.
Furniture and equipment: If these are not considered essential for basic living, they may be seized.
Items a bailiff cannot take
Essential household items: This includes food, beds, clothes, cooking equipment, refrigerators, washing machines, dining tables and other items needed for basic living.
Items belonging to someone else: Bailiffs cannot take goods that clearly belong to a third party, such as a partner or child. Proof of ownership, like a receipt, may be required.
Work tools up to £1,350: Equipment and tools necessary for the debtor’s trade are generally protected within this financial limit.
Items needed for education: This includes books and computed up to a certain value.
Pets: Bailiffs can't seize pets. This includes assistance dogs, such as guide dogs and hearing dogs.
💡Editor's insight: "If you believe a bailiff has taken something they shouldn't have, you can complain. The complaint process is available online on the Justice section of GOV.UK."
What happens if there’s nothing for them to take?
If there are no assets to seize, the bailiff will report this to the creditor. This may lead to further legal action, such as wage garnishments or bankruptcy proceedings.
When can a bailiff evict you from your property?
Bailiffs can only enforce an eviction after legal proceedings have concluded, and a court has granted a warrant of possession. This follows:
A possession order: Issued by a court after the landlord or lender proves that rent or mortgage payments have been missed, and the legal grounds for eviction have been met.
Application for a warrant: If you do not leave voluntarily after a possession order, the landlord must request a warrant for possession.
Appointment of a bailiff: Once the warrant is granted, a bailiff is appointed to carry out the eviction.
The court may schedule a date and time for eviction, and notice will be provided. The use of force or police assistance may be permitted in cases where occupants refuse to leave.
What can bailiffs legally do?
Bailiffs’ powers are regulated by law to ensure they act fairly and within limits. While they can take certain actions to enforce a debt, there are clear restrictions on their behaviour:
What bailiffs can do:
Enter your property: Bailiffs can enter through unlocked doors, but they cannot break in on their first visit unless they have special permission for certain types of debts, such as criminal fines or unpaid taxes.
Seize goods: They can take items that are not protected by law to cover the outstanding debt.
Return multiple times: Bailiffs can visit more than once if the debt remains unpaid, although there are limits on how frequently and when they can visit.
Request payment arrangements: They may offer to set up a controlled goods agreement, allowing the debtor to keep their possessions if regular payments are agreed upon.
What bailiffs cannot do
Force entry for consumer debts: Bailiffs cannot break down a door to collect debts like unpaid credit card bills or council tax on their first visit.
Enter when only children are home: If a child under 16 is the only person present, they cannot come in.
Visit outside legal hours: Bailiffs can only visit between 6am and 9 pm, except in specific circumstances with court approval.
If a bailiff breaches these regulations, the debtor can file a complaint or seek legal advice to protect their rights.
Can a bailiff enter your home when you’re not there?
No, bailiffs cannot enter if you're not present, unless they have explicit court permission. Forced entry without a proper warrant is illegal for most civil debts.
FAQs
How long does it take for bailiffs to get involved?
It depends on the type of debt and the legal process. For council tax, enforcement can begin within weeks of missed payments. For other debts, a court judgment is usually required, which can take several months.
When would bailiffs come to your house?
They visit if the debt remains unpaid after receiving formal notices. Visits typically happen within the times stated in their letters.
How do you know if bailiffs are coming?
Before a visit, bailiffs must send a Notice of Enforcement detailing the debt, the amount owed, and the date when action will begin.
How many times can a bailiff visit?
There is no strict legal limit on the number of visits, but repeated visits must be justifiable. The frequency of visits varies depending on the debt type.
How many times can they visit in a week?
In practice, bailiffs typically visit once per week, although there are no fixed limits. However, excessive visits can be challenged as harassment.
What is a warrant of control?
A warrant of control allows bailiffs to take possession of goods. It is issued by a court after a creditor’s application to enforce a judgment.
Where to get help
If you're struggling with financial difficulties, it’s important to seek proper advice as soon as possible. If bailiffs have notified you of their intention to visit, don’t delay to reach out for support immediately. Here are some trusted resources to help you:
Citizens Advice
Citizens Advice provides detailed guidance on what bailiffs can and cannot do. You can access their online advice guide or visit a local Citizens Advice Bureau (CAB) for face-to-face help. Use the search tool on their website to find your nearest CAB.
Website: www.citizensadvice.org.uk
National Debtline
This service offers free, confidential advice on managing debt and dealing with bailiffs. You can call their helpline at 0808 808 4000 or use their online web chat for support.
Website: www.nationaldebtline.org
StepChange Debt Charity
StepChange offers expert advice on debt management and dealing with bailiffs. Their free helpline is available at 0800 138 1111, and they also provide an online chat for quick assistance.
Website: www.stepchange.org
Final thoughts
Understanding when bailiffs get involved and what they can do helps you manage debt-related situations with confidence. Knowing your rights, seeking professional legal advice, and engaging early with creditors can prevent matters from escalating to bailiff action.
Looking for legal advice? Get in touch today to see how our landlord and tenant solicitors can help.
References
Bailiffs from the House of Commons Library
Disclaimer: Please note this article is intended for informational purposes only. This article does not advise on a specific situation, and we do not accept any liability for errors, omissions or misstatements. Always seek advice from a professional.