Print This PageThere are a lot of myths about Bailiffs, For example, it is often thought that a Bailiff can “break” into your home. This is not correct.
Bailiffs cannot break into your home to gain initial entry (no force is permitted). They can however walk in through an unlocked door or a window so long as they do not cause any damage.
Generally, they cannot force their way past you at a door. The only Bailiff permitted to do so is the Bailiff collecting for HM Revenue and Customs. In order to do so, they must have a warrant to force entry as a first visit.
If you let a Bailiff peaceably enter your property during a visit he would then be entitled to force any locked windows doors or cupboards once in the property.
In this circumstance he would also be entitled to return to the property again and, if necessary, break in.
It is often thought that a Bailiff will remove everything from your property. This is not the case.
When a Bailiff has entered your property he may seize any goods which belong to you (the debtor) but may not physically remove them. There are however exceptions.
A Bailiff cannot remove any possessions which make up tools of your trade or vocation. He is also not permitted to take bedding, furniture and household equipment which are necessary for satisfying your basic domestic needs and those of your family.
A Bailiff is not permitted to take goods that do not belong to you. For example, goods that are subject to hire purchase, lease or are owned by another person. If the Bailiff does remove goods which are jointly owned he must pay the person for their part of the proceeds of sale.
Often, when a Bailiff has gained access he will not remove any items but will make an inventory of all goods you own and seize them by issuing a Walking Possession Agreement. You will be asked to sign such a document.
This means that the Bailiff now controls the goods. It also means that he will probably leave with the intention of returning in a few days to collect the goods (unless payment is made). It would be an offence for you to sell or otherwise deal with these good whilst a Walking Possession Agreement is in force.
If the Bailiff places a walking possession agreement over your goods it will normally give him permission to charge an additional administrative fee on top of the amount you owe.
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