Can Bailiffs Force Entry with a Locksmith?
In some instances, bailiffs are granted the power to gain access to a property by using ‘reasonable force’, which involves the bailiff forcing entry with the help of a locksmith.
However, bailiffs often don’t have this power and – even when they do – they tend to use it as a last resort, instead preferring to come to a repayment agreement with the debtor.
If you’re struggling with debt which you can’t afford to repay, and the threat of a visit from the bailiffs is looming, it’s a good idea to learn more about your rights and options going forward.
In this guide, we’ll explain when a bailiff can force entry into your property, when they can take possession of your items, and what you can do about it.
Contents
What Should I Do When the Bailiffs Visit Me?
There are a few general rules to keep in mind when it comes to bailiff visits.
Make sure all of your doors and windows are locked – bailiffs don’t need permission to access the property through an open door or window.
Next, you’ll need to ask them for proof of who they are.
If they say they’re a debt collector – not a bailiff – instruct them to leave. Debt collectors don’t have the same powers as bailiffs and must leave your property if you ask.
If they are a bailiff, ask them for proof of their identity. They should be carrying either a badge, ID, or ‘enforcement certificate’. Bailiffs must do this. If they can’t provide any proof, send them on their way.
Lastly, be sure to check the time. Bailiffs are only allowed to visit between 6 am and 9 pm. It is illegal for them to try and enforce debt collection outside of these hours.
When Can a Bailiff Force Entry with a Locksmith?
Bailiffs are only allowed to force entry to your property for two specific kinds of debt:
- Unpaid magistrates court fines
- Outstanding HMRC tax liabilities
A magistrates court fine can be any kind of criminal fine – for example, it may be a fine for not paying your TV Licence.
All HMRC tax debt can warrant forced bailiff entry. Typically, it’s a result of not paying Income Tax, National Insurance, or VAT on goods correctly.
Bailiffs will usually notify you that they’re seeking the assistance of a locksmith ahead of time. You can use this opportunity to contact them and try to sort out a payment agreement.
When they do visit, they’ll have to show proof of what you owe alongside a warrant or ‘writ’ from the court. Double-check the documents are signed, in date, and display your correct name and address. If they don’t, then they aren’t valid, and you can send the bailiff away to get a proper order made.
Remember, even when bailiffs are allowed to force entry, they aren’t allowed to break down your door. They must use ‘reasonable force’, meaning they can only force entry with a locksmith. If they start kicking down your door, call the police.
What Happens When Bailiffs Enter Your Home?
Once they gain access to your home, bailiffs will want immediate repayment. If you can’t pay – in full – they’ll proceed to inventory your belongings.
This is where they catalogue your goods, legally ‘taking control’ of them. They estimate how much they think the items are worth and keep going until they think they’ve inventoried enough to cover the debt.
You can then enter a controlled goods agreement with the bailiff. This is a repayment plan which stops bailiffs from taking your goods so long as you keep up with your instalments. If you miss any payments, they can come back and seize your goods for auction.
It’s a good idea to do a budget of your monthly expenses before the bailiffs visit so you can show them what spare money you have left after essentials. This will help you avoid being forced into repayments you can’t afford. You can offer to pay in monthly or weekly instalments.
Before signing the agreement, make sure to check:
- The name and date are correct
- The debt amount is correct
- What fees the bailiffs have added
- That the repayment plan is as agreed
- The items the bailiffs have inventoried
You don’t have to enter into a controlled goods agreement. However, if you don’t sign, the bailiffs can seize your belongings with immediate effect.
When Do Bailiffs Not Have the Right to Force Entry With a Locksmith?
Aside from magistrates court fines and HMRC debt, bailiffs cannot force entry. This means bailiffs can’t force entry to collect:
- Council tax debts
- Credit card debts
- Catalogue debts
- Unpaid parking tickets
- Unpaid utility bills
- Outstanding loans
Most of the time, bailiffs are sent to your address as a result of a County Court Judgment and a Warrant of Control.
If this is the case, get them to slide the information about the debt and the creditor under the door. You can then tell the bailiff to leave and say you’ll call the head office to organise repayment.
Bailiffs sometimes bluff, making claims that you have to let them in or that you need to repay immediately – however, this isn’t the case. They can’t force their way into your home or get the assistance of a locksmith to help them gain access.
The bailiff will eventually leave, but they’ll keep returning until the debt is paid. You should make efforts to come to a repayment agreement, or the bailiff will keep adding fees onto the debt.
Remember – bailiffs are allowed to inventory your property if they have access to it; this means they can clamp your car and take it under their control. If you don’t repay or come to an agreement, they’ll sell it at auction.
Can Bailiffs Force Entry if I Break a Controlled Goods Agreement?
If you fail to keep up with your controlled goods agreement, you’ll be sent a ‘Notice of Intention to Re-Enter’ letter. This does allow bailiffs to gain entry using ‘reasonable force’.
This means bailiffs can force entry into your home with the assistance of a locksmith so that they may seize your goods for sale.
Once you receive a ‘notice of intention to re-enter’ letter, you get two full working days starting from the day after you receive the letter (around 3 days). So, if you got the letter on Monday, the bailiffs could visit on Thursday.
You should try and negotiate with your bailiff as soon as you default on your controlled goods agreement. If you act quickly, you may be able to get a second chance.
How Can I Stop Bailiffs from Visiting Me?
If you can’t afford to pay off a debt but you’re keen to prevent bailiff action, you may want to consider pursuing a formal insolvency solution, such as an Individual Voluntary Arrangement.
An IVA acts as a formal repayment plan between you and your creditors, allowing you to deal with your debts while avoiding bankruptcy:
- Stretches repayments out over a period of 5 years
- Prevents creditors from contacting you
- Protects you from debt-collection efforts
- Protects your assets
You can enter into an IVA before the bailiffs ever reach your door, preventing you from having to deal with the uncertainty of a controlled goods agreement.
Speak to an Expert
If you’re struggling with unaffordable debt, get in touch with an insolvency practitioner.
Our expert team deal with debt problems every day, so we understand how hard it can be. We’ll assess your situation and guide you to the right solution for you, whether that be an informal arrangement with creditors or a formal insolvency solution.
Contact us today to book a free consultation.
FAQs
Bailiffs have the right to force entry when they’re collecting:
- An unpaid magistrates’ court fine
- Tax debts for HMRC
All other debts do not justify forced entry. You should speak to a debt adviser if you’re uncertain about any of your debts before the bailiff visits.
Bailiffs can’t force entry to collect:
- Council tax debts
- Credit card debts
- Catalogue debts
- Unpaid parking tickets
- Unpaid utility bills
- Outstanding loans
Bailiffs can only collect unpaid court fines and HMRC tax debts.
Even if you don’t allow the bailiffs access to your home, they can still inventory your vehicle. They’ll clamp the vehicle for a minimum of two hours before taking it away for auction. You should use this time to come to a repayment agreement.
There are situations when bailiffs cannot inventory your car:
- If you are a blue badge holder
- If it is of a value much greater than the debt
- If it is essential for your work and valued at under £1500 (e.g. taxi)
- If it is not fully yours (e.g. it’s leased or belongs to a friend)
- If it is secured in a locked garage
Business premises are not afforded the same protections as your home. This means that bailiffs can always force entry to business premises, regardless of the type of debt in question.
