Bailiffs’ rights & powers: the rules bailiffs have to follow

Bailiffs are only allowed to visit you if they have a court order. 

Bailiffs must send an enforcement notice seven days before they first visit you.

If you don’t pay the debt or agree a payment plan in that time, they’ll come round to try to make a list of possessions they can sell to cover the cost of your unpaid debt. This is called a controlled goods agreement.

Bailiffs won’t usually take any of your possessions on their first visit. But, if you let them in, they’ll give you a 'walking possession order' listing items that you're not allowed to get rid of or hide.

If you pay off the debt or offer a payment plan within seven days of receiving notice, the bailiffs shouldn’t visit you.

Bailiffs can only visit you between 6am and 9pm. They’re allowed to turn up on any day of the week.

Bailiffs –  also known as enforcement agents – must show you ID and proof they can enter your property if you ask for it.

They can pass this to you through a letterbox or show you through the window.

You can ask them to show you a badge, an ID card or an enforcement agent certificate. Ask bailiffs which company they’re from, and for a telephone contact number and detailed breakdown of the amount owed.

You can check they’re from an authorised company on the Enforcement Conduct Board’s website.

You can also check the Register of Certified Bailiffs if you’re unsure if the person is genuine.

Bailiffs are not allowed to lie about who they are and it’s a criminal offence for someone to claim they’re a bailiff if they’re not. 

No. Bailiffs can’t come into your home unless you say they can, so the best way to protect your possessions is to refuse them entry.

They’re only allowed to come in through the door, 'in a peaceful way'. They're not allowed to shove past you, climb through a window or come in if the only people there are under 16 or vulnerable.

The only exception to this is if the debt relates to criminal fines or unpaid tax. If it does, bailiffs may be able to force entry with the help of a locksmith.

Once bailiffs have been into your home to make a list of your possessions, they’ll come up with a payment plan for you. If you don’t stick to the plan, they’re allowed to use ‘reasonable force’ to get back into your property to take the items listed on the controlled goods agreement.

They will keep coming back so make sure you get debt advice as soon as possible. A debt adviser might be able to apply for breathing space on your behalf. This will stop bailiffs visiting for a while, giving you time to sort out a longer-term solution to your debt issues.

If you don’t take steps to stop the bailiffs and keep refusing to let them in, they might apply for a warrant to force entry. This doesn’t happen very often, though. Bailiffs can also add fees to your debt each time they visit your property or write to you.

If you don’t let bailiffs in, they can take things from outside your home, such as your car. So don’t leave a vehicle on your drive. You could park it on the drive of a friend or family member, as bailiffs aren’t allowed to go onto someone else’s property to take your things.  A locked garage is also a good option. Bailiffs can take your vehicle if you leave it on a public road though. And simply parking it out of sight of your home won’t necessarily stop them finding it, as companies are known to use automatic number plate recognition technology to locate vehicles.

Bailiffs can list goods they see through a window or virtually, in certain situations, but they can’t take them unless you sign the controlled goods agreement.

It’s a good idea to keep blinds or curtains shut and hide any expensive items from view if you’re expecting a visit from bailiffs, and try to agree a payment arrangement in the meantime.

If a bailiff makes a controlled goods agreement without entering your home, they can’t force entry to take the goods.

An agreement isn’t valid until you sign it – and you can refuse to if you think the bailiff has listed things they shouldn’t or you’ll struggle to stick to a repayment plan.

If you think a bailiff has broken the rules, you can complain to their employer or your creditor.

This includes if they:
•    threaten or harass you
•    break into your home without a warrant
•    charge you incorrect fees
•    take goods belonging to someone else
•    take essential items, including things you need for work