When can bailiffs force entry?

Recently a person received a letter from court baliffs threatning to force entry into a property, regardless if the person was present or not. The bailiff had not previously gained entry into the property and no levy had been made on any goods.

The letter said:

I will request from the District Judge permission to gain entry into your premises (IN YOUR ABSENSE IF NECESSARY) to remove goods in accordance with court rules

The person sought help regarding the letter and was informed that the bailiff was acting unlawfully.

There are only certain conditions that allow bailiffs to force entry into a property

If a bailiff has previously had access or prevented from re-entering a property

A Tax collector with a warrant from a Magistrates court

Courts permission for commercial properties where there is no living accommodation

High Court Enforcement Officer (HCEO) trying to levy goods at a commerical property

HCEO when goods have been moved to a third premises to prevent execution

Magistrates court warrants for unpaid fines

Where entry was gained from a different property and made a levy and are now following the goods

The person was advised to write to the court quoting the letter and ask under what circumstances the bailiff was allowed to force entry? The response was that neither the court nor the bailiff would use the letter again.

If you have received a similar sounding letter then I would encourage you to contact Payplan or your local Citizens Advice Bureau (CAB).

Written by tani on June 21st, 2007

3 Responses to “When can bailiffs force entry?”

clayton francis says

hi i just got a hand delivered letter today 1/9/08 saying bailifs are coming tomorrow 2/9 at 6am. its exact words say
“i will re-attend at your premises from 6am 2/9/08 and may remove your goods, which can be done in your absence as the law directs with regards to removal of assets to sell at public auction to clear the above debt under the liability order that we hold.
should you wish to avoid this distressing course of action please contact me immediately”

is this legal? can they do that?

September 2, 2008 at 3:04 am

Paul says

Hi Clayton

What the Bailiffs have told you appears to be correct, but it is entirely dependent on your circumstances and whether the Bailiffs have a warrant or not, and what access to your property they have had previously. The type of debt being collected may also have a bearing.

I’d recommend you talk to a Payplan Debt Adviser as soon as possible to find out further information – alternatively, visit http://www.payplan.com/debt-library/bailiffs-bailiff-law.php for further advice.

Hope this is useful to you
Paul

September 2, 2008 at 9:44 am