What are bailiffs?
Bailiffs (also known as enforcement agents) can be used by creditors if debts have not been paid and court orders have not been followed. The use of bailiffs is common as it can be a very effective way for creditors to recover money owed to them, or in certain cases, property owned by them.
There are different types of bailiffs including county court bailiffs who are employed directly by the court. There are also private bailiffs who must be certified and authorised by a court to recover unpaid debts. Private bailiffs need to hold a specific qualification, having gone through a certification process where they will also have had to show that they meet expected standards.
Debt collection agencies may also recover unpaid debts. This is usually before court or bailiff action. Debt collection agencies are not the same as bailiffs and have no right to come into your home or take your belongings.
Why bailiffs might visit your home
Bailiffs might visit your home if your council tax remains unpaid, or for example if you have unpaid court fines, parking penalties or county court judgments (CCJs). Bailiffs might visit your home to collect payment, or to serve court documents, or to give you a notice or a summons in connection with an ongoing court matter. Bailiffs will sometimes be involved in home repossessions and evictions from rental properties.
In most cases, bailiffs will only visit your home if you haven’t responded to letters or come to an arrangement with your creditors about how you are going to pay outstanding bills or debts owed to them.
Most creditors will have had to go through a court process and applied to the court for a court order, before then asking the court to issue a warrant or a writ of control authorising bailiff action if a court order has not been followed. If someone claims they are a bailiff, but you are not aware of any court action having been taken against you, contact us for advice. There have been cases where fraudsters falsely claim they are bailiffs.
What bailiffs can and cannot do
What can bailiffs do and do bailiffs have to give notice?
Once a warrant or a writ of control has been issued, bailiffs have the legal right to contact you and visit your home or business premises, but in most cases this is only after they have given you proper notice. Bailiffs must send you an ‘enforcement notice’ usually giving seven clear days’ notice before visiting your home for the first time. ‘Clear days’ do not include Sundays, Christmas Day or bank holidays.
If the notice period passes without payment being made and bailiffs do visit your home, they will try to recover payment in full or take control of your belongings, either outside or inside your property, if they have the opportunity to do so. Most bailiffs have limited rights of entry and generally can’t come in if you refuse entry. We’ll explain bailiffs powers and limits in more detail later.
If they cannot recover payment in full, bailiffs can take control of your belongings in different ways. Rather than removing goods immediately, bailiffs will often encourage you to pay what you owe to your creditor by getting you to sign a ‘controlled goods agreement.’ This allows you to keep using the goods as long as you make agreed payments. However, you cannot hide, sell or give the goods away. Eligible goods listed in any signed agreement could be sold to raise money to pay what you owe if you fail to keep up with any payment arrangement.
What can bailiffs take?
Bailiffs can take your belongings and also goods that you own jointly with someone else, but they are only entitled to your share of any jointly owned goods if they are sold. Bailiffs can take household items of suitable value that are not essential for your basic domestic needs, for example some electrical items and jewellery.
What bailiffs cannot take
Bailiffs are not allowed to take certain protected goods like your cooker, your fridge or your washing machine. They cannot take your dining table and they should leave enough chairs for you and your household. Bailiffs should not take clothing, beds and furniture or essential household items that are necessary to meet the basic domestic needs of you and your family. Bailiffs should not take equipment reasonably required for your care or your household’s medical care or security. Bailiffs should not take items that you or someone else is physically using where taking the goods straightaway is likely to lead to a breach of the peace.
Bailiff powers and limits
Can bailiffs force entry or do I have to let bailiffs in?
Bailiffs can only force entry on a first visit in limited circumstances and for certain types of debts. For example, force can be used for initial entry for magistrates’ court fines. However, in practice, this is very rare. In most cases, bailiffs collecting magistrates’ court fines will normally seek the court’s permission before any forced entry, and permission is usually only granted if the court agree that it is reasonable for bailiffs to force entry.
If you are self-employed or a sole trader, force can also be used for initial entry for county court and high court judgments against your business at your trade premises. His Majesty’s Revenue and Customs (HMRC) can apply to court for a warrant to use force to make initial entry for tax debts. Bailiffs may use a locksmith to force entry for home repossessions and evictions from rental properties.
However, in most circumstances and for most types of debts including civil and consumer debts, bailiffs can only gain ‘peaceable entry’ on a first visit, and they can only do that if you leave doors unlocked or you give them your permission to enter into your property. You have the right to refuse entry to bailiffs in most cases.
Can bailiffs break into your house?
There are a small number of scenarios where it is legally possible for bailiffs to break into your house. Apart from scenarios involving those limited circumstances or debts listed above, the most common scenario is where bailiffs have entered peacefully before with your permission, taken control of your belongings properly, and you have then breached a ‘controlled goods agreement.’ The bailiffs can return and take the goods by breaking in if necessary.
In most cases, bailiffs must give you two clear days’ notice before doing this. Even in this scenario, the bailiffs may be reluctant to break into your house unless it is reasonable to do so, and you may still be able to get an arrangement back in place or potentially take other steps to avoid having any goods removed.
Can bailiffs enter when you are not there?
Whether you are there or not, in most cases bailiffs can only enter your home if doors are left unlocked or someone inside lets them in.
If you have not let bailiffs in before, it is very important to keep doors locked and to make sure that your home is secured. Although bailiffs should not enter through a window, it is a good idea to keep windows closed.
It is also important to ask anyone you live with to not let bailiffs in the door when you are out. Bailiffs should leave without making enquiries if there is only a child (someone under the age of 12) or a vulnerable person present at your property.
Bailiffs should not enter, re-enter, remain in your property or take control of goods if there is only a child (under the age of 16) or a vulnerable person present at your property. This applies regardless of the number of children or vulnerable people present.
Common bailiff scenarios and your rights
How often do bailiffs visit and what happens if I have nothing for bailiffs to take?
Bailiffs can visit multiple times until they have recovered payment in full, taken control of your belongings, or decided that they cannot recover payment or it is not worth trying to recover payment.
If the bailiffs come into your property and decide that your goods are not worth enough to cover the cost of them coming with a van to remove and sell them, they may return at a later date to try to take control of your goods.
They have 12 months from the date of the enforcement notice (or from when you break the terms of any payment arrangement) to take control of your goods. Alternatively, the bailiffs may return any warrant or a writ of control to the court, and the creditor may potentially consider other enforcement options to recover what is owed to them.
Can bailiffs take my car?
As before, bailiffs can take control of your belongings either outside or inside your property if they have the opportunity to do so. This includes your car or any other type of vehicle that you own.
Your car can be a target for bailiffs because it can potentially be found even if you park away from your property. Cars are also valuable and easy to sell on. If your car is parked on your drive or on a road and not for example kept in a locked garage, bailiffs could clamp it or possibly remove it even when you are not home.
There are some circumstances in which bailiffs cannot clamp or remove your vehicle. These include if your vehicle is your home, where a valid Blue Badge is displayed, or where it is a Motability vehicle. Bailiffs cannot clamp or remove your car if it is worth less than £1,350 and you need it for work or study and there is no public transport that you could use.
If you have a car on a hire purchase or lease agreement, you can argue that bailiffs should not clamp or remove it, as you do not own the vehicle until you have made payment in full. However, there are different legal views and bailiffs may argue that they can take control of such vehicles. You may need to take the appropriate precautions to avoid having to prove to bailiffs that your car is subject to a hire purchase agreement, or having to complain if bailiffs try to clamp or remove your car in such scenarios. If you took out a loan to buy your car, the car will legally belong to you even if you haven’t paid the loan back yet, so you would not be able to use this argument.
Can bailiffs take pets or sofas?
Bailiffs cannot take pets, guide dogs and emotional support animals. They are ‘exempt goods’ and cannot be taken into control as they are seen as necessary to meet the basic domestic needs of you and your family.
While a basic sofa may be seen as reasonable furniture or an essential household item necessary to meet the basic domestic needs of you and your family, the bailiffs could potentially argue that a luxury sofa exceeds basic domestic needs, and you may need to challenge this and complain if required.
What can bailiffs take if I live with parents or someone else?
The rules around what bailiffs can or cannot take are the same whether you live alone, or you live with friends or family such as your parents.
Bailiffs are not allowed to take goods that belong to your parents or anyone else if they don’t owe the debt, unless the item is jointly owned by you. If they threaten to do this, you should explain that the goods in the property do not belong to you. Your parents should provide proof, such as receipt, if they can. The owner of the goods could also consider making a sworn statement called a statutory declaration. Contact us for more advice on this if needed.
Also remember that in most circumstances and for most types of debts, keeping doors locked and protecting your car may mean that you may not have to prove ownership of any goods inside the property or have to complain. There is always a risk that a bailiff will not act reasonably, and this can be time consuming, and sometimes expensive, to resolve.
Bailiff visits – what to expect
Do bailiffs work weekends or visit on Sundays?
Yes. Bailiffs do work weekends and could potentially visit on a Sunday. Bailiffs can visit your home or business premises on any day of the week, but usually during ‘reasonable hours’ or between 6am and 9pm (unless your business is open outside those hours). If you have business premises contact Business Debtline, our debt advice service for self-employed people and small businesses.
What do bailiffs look like?
Bailiffs tend to wear uniforms, and they should also have things that identify them as bailiffs such as the required identification (ID) badge and documents including a copy of any warrant or writ of control and an enforcement agent certificate. They should also be able to provide details about the court or company they are acting for, as well as details about the debt owed. See the bailiffs at your door section for more on this and how to verify a bailiff’s identity before engaging.
Do bailiffs need a court order?
Bailiffs generally do need a court order and a warrant or a writ of control to be issued before they can visit your property to collect civil and consumer debts. Bailiffs can also need a further warrant from the court to enter premises belonging to a third party. However, things can work slightly differently in relation to commercial or business debts including commercial rent or tax debts, or in relation to eviction cases.
How to stop bailiff action
How to stop bailiffs from visiting
You can stop bailiffs visiting by paying the relevant debt(s) in full, or if that is not possible, negotiating a payment arrangement. Speak to the bailiffs and offer to pay what you can afford in weekly or monthly amounts. Remember that bailiffs can refuse a payment plan. You will have a better chance of your offer being accepted if you can show it’s realistic and affordable. You can do this by listing your income and outgoings to create an accurate and reliable budget. Send a copy of your budget and your offer to the bailiffs in writing. Try to make the payments even if the bailiffs don’t accept your offer.
If you’re not sure that your figures are realistic, call and speak to one of our advisers. They can give you free help to work out a sustainable budget.
Take some time to look at any steps you can take to increase your income and whether there are ways to reduce your costs. See our Making the most of your money guide to find out more about how to do this. You’ll also need to gather information about all your debts.
If the money you have left over after paying your essential costs will not cover the minimum contractual payments you need to make, then you are insolvent. If you are insolvent, a range of different solutions might be available to you depending on your circumstances. Read our Ways to clear you debts guide to find out more. This could include repayment arrangements such as a debt management plan or individual voluntary arrangement.
Can an IVA stop bailiffs?
An Individual Voluntary Arrangement (IVA) is a legally-binding arrangement to pay an agreed amount off your debts over a set period of five or six years. After this, provided you make the agreed payments, the remaining debts are written off. An IVA can stop enforcement action without the court’s permission.
Some types of debt, such as magistrates’ court fines, are not usually included and so an IVA will not stop bailiffs collecting such debts.
Does breathing space stop bailiffs?
If you need time to get debt advice and find a debt solution, you may want to consider applying for breathing space. Breathing space will stop most types of enforcement, and also stop most creditors applying interest and charges, for 60 days. See our Breathing space guide to find out more about this.
Some types of debt, such as magistrates’ court fines, are not usually included and so breathing space will not stop bailiffs collecting such debts.
Dealing with bailiffs at your door and knowing what to do if bailiffs come to your house
Stay calm and communicate through the door. Ask the bailiffs for identification (ID), authorisation and written proof of the debt. Bailiffs should show ID and a copy of the warrant or writ of control if you ask for it. Ask them to put the relevant documents through the letterbox or show them at the window if needed.
It is important that you do not allow the bailiffs to enter unless you are legally required to do so based on the situation and the type of debt that the bailiffs are collecting. You can pay the bailiff on the doorstep making sure you get a receipt for any payments you make. If this is not possible, tell the bailiffs that you will seek advice before getting back in touch with them.
Complaining about bailiff behaviour
You have the right to complain if bailiffs act in a way that they shouldn’t. This includes if they are aggressive, misrepresent their powers, add incorrect fees or if they try to take goods that do not belong to you.
Ask the bailiffs for a copy of their complaints procedure. This will tell you how they should deal with your complaint. It is usually a good idea to complain to the bailiffs first by writing to outline what you are not happy with and what you want them to do about it. Include any evidence and send a copy of your complaint to the creditor.
If you are not happy with their response you can escalate your complaint to the relevant regulator(s). For example, you can complain to the Enforcement Conduct Board (ECB). The ECB is an independent oversight body for the debt enforcement sector in England and Wales, but they can only consider complaints about enforcement action that took place from 1 January 2025 onwards. If bailiffs are ECB accredited, the ECB will look into your complaint further. See our Bailiff complaints guide to find out more about this.
Depending on the situation, it may also be possible to complain to an ombudsman or the court, although there can be costs involved in complaining to the court so you should contact us for advice before complaining about bailiffs.
How National Debtline can help
If you are dealing with bailiffs, National Debtline can help.
- We can give you free confidential advice on stopping or managing bailiff action.
- We can help you put together a realistic and sustainable budget.
- We can support you with negotiating repayment or with any problems you may face when dealing with bailiffs.
- We can help you choose the best way to move forward, and we will always be available to give you free advice to help you overcome any of the debt challenges that you face.
FAQs
What’s the difference between enforcement agents and bailiffs?
There is no difference between enforcement agents and bailiffs. Bailiffs are also known as enforcement agents. They can be used by creditors if debts have not been paid and court orders have not been followed.
Are debt collectors the same as bailiffs or what powers do bailiffs have compared to debt collectors?
Debt collectors (or debt collection agencies) are not the same as bailiffs and have no right to come into your home or take your belongings. Bailiffs can only force entry on a first visit in limited circumstances and for certain types of debts. Most bailiffs have limited rights of entry and generally can’t come in if you refuse entry.
Can bailiffs find my new address?
Bailiffs can use various tracing methods and information sources to find your new address if needed. This could include using financial records or public records like the electoral roll. The DVLA can give registered keeper details to anyone with ‘reasonable cause’ to request them.
Can bailiffs refuse a payment plan?
Yes, bailiffs can refuse a payment plan. You will have a better chance of your offer being accepted if you can show it’s realistic and affordable. You can do this by listing your income and outgoings to create an accurate and reliable budget. Send a copy of your budget and your offer to the bailiffs in writing. Try to make the payments even if the bailiffs don’t accept your offer.
Can bailiffs take my car if it’s on finance?
If you have a car on a hire purchase or lease agreement, you can argue that bailiffs should not clamp or remove it, as you do not own the vehicle until you have made payment in full. However, there are different legal views and bailiffs may argue that they can take control of such vehicles. You may need to keep your car in a locked garage or hide it to avoid having to prove to bailiffs that your car is subject to a hire purchase agreement, or having to complain if bailiffs try to clamp or remove your car in such scenarios.
