Find a Solicitor to help with Bailiffs and Warrants

How Our Solicitors Can Help with Bailiff and Warrant Issues

Our network of expert solicitors can help both landlords and tenants navigate the complexity of bailiffs and warrants. 

For Creditors and Landlords 

• Enforcement Action: Our team can help creditors and landlords initiate enforcement action. With the guidance of warrant and bailiff solicitors, landlords and creditors can obtain the necessary court orders, such as a warrant of possession to recover property, or a warrant of control to recover money. 
• Court Applications: Our experienced solicitors understands how to submit valid court applications and will ensure the process is smooth, straightforward and as quick as possible.
• Appointing Bailiffs: Lawyers can also assist in the process of appointing bailiffs. They can provide legal advice on the correct procedures for bailiffs to follow for eviction or debt recovery and appoint a registered bailiff with a strong track record of successful actions.

For Debtors and Tenants

Debtors and tenants facing possession proceedings need to know their rights in order to stand up for them. If a bailiff doesn’t follow the correct enforcement action, solicitors can challenge them. Bailiff enforcement may be unlawful if they:

• Force entry
• Enter your home outside the hours of 9pm and 6am
• Deceive you about who they are
• Taking essential items, or goods belonging to someone else
• Using threats or violence 
• Entering when only children or vulnerable people are present 
• Charging you incorrect fees

Bailiff and warrant solicitors can also help debtors negotiate debt settlements. If you are a debtor, a solicitor can help you break your debt into manageable payments by devising affordable payment plans or settlements to avoid enforcement action. Solicitors can ensure that debtor’s rights are protected whether they are vulnerable, or just need advice on enforcing their rights.

Why Choose Lawhive to Find a Bailiff Solicitor?

Lawhive isn't like your average law firm. We promise a quick and easy service from start to finish. Here are some of the top reasons that people choose us to find a bailiff solicitor:

• Expertise in Enforcement Law: Our landlord and tenant solicitors have in-depth expertise in the entire warrant enforcement process, providing guidance for both landlords and debtors
• Quick and Easy Solutions: We'll give you an instant fixed fee quote before you get started for ultimate transparency.
• Client-Centric Approach: We’re committed to making legal help accessible to everyone, and we work hard to understand your specific needs to provide tailored legal solutions to manage bailiff enforcement actions

Types of Bailiff Enforcement Actions

It's important to understand the legal powers bailiffs possess whether you’re in a landlord-tenant dispute, you have debts you need to pay or you’re a business that wants to recover money owed to you. 

Eviction Warrants

Bailiffs and court enforcement officers play a crucial role in enforcing eviction orders made by the court. Bailiff enforcement action is triggered by a warrant of possession, requiring a tenant to leave a rented property. Landlords can apply to the county court for a warrant of possession when:

• A tenant remains in a property after the specified date in a possession order
• A tenant breaches the conditions of a suspended possession order

Debt Collection Warrants

Bailiffs can collect debts following a County Court Judgment (CCJ). Creditors can request a court to enforce a judgment by empowering a bailiff with a warrant. This means they can collect payment from a person or business who owes money to them, who hasn’t paid after receiving a court order.

Sending bailiffs to collect money from debtors is known as a warrant of control. Bailiffs will attempt to collect payment within seven days of being instructed. If the debt is not paid, they will visit the tenants’ home to attempt to see if anything can be sold to pay the debt.

High Court Enforcement Officers (HCEOs)

HCEOs are used to enforce high court judgements where a debt is above £600. They are like bailiffs, however, their enforcement powers are greater than county court bailiffs. They also have more techniques available to recover money than bailiffs. They can act more swiftly than standard bailiffs in debt recovery and possession cases. Additionally, they are employed by private companies and paid on their results, so they are also more motivated than court bailiffs to achieve results for creditors. 

What Are My Legal Rights When Facing Bailiff Action?

Bailiffs can’t act with impunity, and you still have legal rights. We've highlighted the key things to know below, though in general, bailiffs are governed by three main pieces of legislation:

• Tribunals, Courts and Enforcement Act 2007: The overarching framework overseeing bailiffs.
• Taking Control of Goods Regulations 2013: The legislation outlining the procedures bailiffs must follow when seizing goods.
• Civil Procedure Rules: Rules for bailiffs actions related to court orders.
  

Advance Notice Requirements 

In England and Wales, bailiffs must give a notice period of at least 7 days before enforcing a warrant and seizing goods. The notice period is crucial for debtors to make arrangements to pay the money or seek legal advice about their options. Bailiffs’ notices are known as Notices of Enforcement. They need to include several key details:

• Enforcement Agency Details: The name and contact details of the agency, they must be a registered bailiff and not a debt collection company - you can check this on the Bailiffs Register.
• Court Order Reference: Any details of the court order that permits enforcement.
• Debt and Fees: A detailed breakdown of the debt owed and the enforcement fees applied.
• Payment Deadline: A deadline for payment with a least 7 days’ notice before the bailiff’s scheduled visit.
• Name and Address: The notice must list the debtor’s name and address without any errors.
• Correct Format: The notice must follow the correct legal format.

There are also additional rules bailiffs must follow if any of the following apply to you:

• You’re disabled or seriously ill
• You have mental health issues
• Have a COVID vulnerability 
• Have children or you’re pregnant
• Are under 18 or over 65
• Don’t speak or read English well
• Are in a vulnerable condition due to a recent bereavement or unemployment

Limitations on What Bailiffs Can Seize

There are limits placed on bailiffs, these include the items they can and cannot seize, these include tools of trade and necessary household items. Bailiffs can’t take:

• Things that belong to other people
• Pets or guide dogs
• Basic household items such as pots and pans, fridges, cookers, tables, beds, phones
• Vehicles, tools or equipment you need for your work or study, up to £1,350
• A mobility aid

Right to Legal Representation

Tenants and debtors have the right to have legal representation. Solicitors can challenge bailiff actions, particularly if enforcement has not followed proper procedures.

Costs and Solicitor Fees Involved

There are several fees involved in the bailiff and warrant process. Both creditors and landlords and debtors and tenants face costs and fees in navigating bailiff enforcement action:

• Legal Fees for Creditors and Landlords: Creditors and landlords may need to pay solicitors’ fees to act on their behalf, this includes legal advice and representation and helping with the bailiff enforcement process, including processing court order applications and managing court application fees.
• Legal Fees for Debtors and Tenants: Debtors will face fees when seeking legal advice or representation in eviction and debt collection matters. These groups may need to pay court costs if they wish to challenge a warrant or enforcement action.

Legal Advice for Bailiff and Warrant Matters

Solicitors can help creditors looking to recover money they’re owed by managing the process of applying for court orders such as a warrant of possession or warrant of control. Our bailiff and warrant solicitors can also help appoint a bailiff. 

Landlords and debtors can seek expert legal advice from Lawhive if they need more support on bailiff actions. Please get in touch with us today for a free case assessment.

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