Can Bailiffs Force Entry for Council Tax Debt? 

Worried about not being able to pay your council tax? Nervous about what might happen? You’ve come to the right place for answers. Each month, over 170,000 people visit our website seeking guidance on their debt problems.

In this friendly guide, we will explain:

• What happens when you can’t pay your council tax.
• How to deal with council tax debt.
• What bailiffs can and can’t do.
• How to keep safe if bailiffs come to your home.
• And where to find more help if you need it.

We know it’s tough when you can’t pay your bills. But remember, you are not alone. There are ways to solve your problems and people who want to help.

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Can They Force Their Way into My Home? 

In most cases, bailiffs can only force entry into your home:

• If they are collecting a criminal fine or taxes that are owed to HM Revenue and Customs. 
• If they are to seize goods that were part of your controlled goods agreement but you were unable to make the agreed-upon payments on time. 

Please note that a bailiff does not have a right of entry to your home unless a controlled goods agreement is in place. 

Even if they are allowed to forcibly enter your home, bailiffs typically very rarely use force. 

Marston Bailiffs have a reputation for threatening debtors by saying they’re going to come back with a locksmith in order to gain access to their residence. 

While it’s true that some bailiffs are allowed to gain access through the use of a locksmith, they can only do this when they have a warrant that specifically allows them to do this.

If a bailiff is threatening you with a locksmith, ask them to show you the warrant that states they have the right to gain access to your residence that way. 

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What Can They Take for Arrears? 

There are certain types of items that a bailiff is not allowed to take. When a bailiff first visits your home, they will make an inventory of the items you have which would then become a part of your controlled goods agreement.

The agreement will state that if you are late in your payments or if you miss them, the bailiffs will come to your property, seize the goods mentioned in the agreement and sell them off in order to pay for your debts. These goods are usually sold at an auction.

When a bailiff is making the inventory, you must make sure that they are only listing the goods that they have the right to seize.

There are strict rules on what bailiffs can’t remove from your property. These items include:

• Anything that belongs to someone else – this includes things that belong to your children
• Pets or service animals
• Vehicles, tools, or equipment that you need for your job or to study up to £1,350
• A mobility vehicle or any vehicle with a valid Blue Badge
• Anything permanently fitted to your home – kitchen units, etc.

Bailiffs also can’t take things that you need to live. These items can be anything that you use for your ‘basic domestic needs.’ They can take some of these things, but must leave you with:

• A table with enough chairs for everyone in your home
• Beds and bedding for everyone in your home
• A phone or mobile phone
• Any medicine or medical equipment that you need to care for someone
• A washing machine
• A cooker or microwave, and a fridge.

If you think that a bailiff has taken something that they shouldn’t, you need to complain immediately. I go through the complaints process below.

You can also contact a debt charity for some advice. I have listed several charities that offer free advice at the bottom of this page.

Will They Charge Me Fees?

Yes, a bailiff will charge fees. This will be added to the total value of your debt.

These fees are generally quite similar, and some bailiff charges are even standardised. County Court bailiffs, for example, have set fees of £75 for a Notice of Enforcement and £235 if they have to actually enforce the debt.

Keep in mind that the enforcement fee can be a bit higher. Usually, they will charge an extra 7.5% of your debt if that debt is over £1,000.

This means that if you have a debt of £1,500 that you don’t pay, you will be charged:

• £75 for Notice of Enforcement
• £235 for Enforcement
• £112.50 for the 7.5% over £1,000.

Total: £422.50.

Can They Enter Without My Permission Through an Open Door? 

No. The rule of thumb is that a bailiff cannot enter your home unless you or another adult lets that bailiff into your home. Once they have been inside your residence, they can enter any other time they want.

However, they are also allowed to walk into your residence without using force. This means that if they happen to find an unlocked door, they can walk in without needing your permission. This is called “peaceful entry”. 

This is why it’s very important that when you are expecting a bailiff’s first visit or any visit at all for that matter, you should always ensure that all doors and windows are securely locked. 

If you share your residence with other people, especially children, you should tell them not to leave doors or windows unlocked. 

There are other things that bailiffs are certainly not allowed to do. For example: 

• They cannot climb through a window to gain access to your residence. 
• They cannot push past you when you open the door or put their foot between the door in order to prevent you from closing it. 
• They cannot try to access the property if there is no one but a child under the age of 16 inside. 
• They cannot lie about who they are or why they are visiting your home. 

When enforcement agents visit you, it’s very important that you ask them for a detailed description of who they are and why they are visiting you.

You must make sure that the debt is valid and owed by you. If it’s someone else’s, you can ask the bailiff to leave. 

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What if I am a Vulnerable Person?

If you have received a Notice of Enforcement but think that you or whoever owes the debt is vulnerable, you should get some advice from a debt charity as soon as possible.

To be considered vulnerable, this forum user’s girlfriend must fall into one of these categories: 

• Are disabled in any way or extremely ill
• Suffer from any kind of mental illness 
• Have children or are pregnant 
• Are under the age of 18 or over the age of 65
• Are dealing with a stressful situation such as the death of a loved one or unemployment 
• Don’t speak English very well 

You are also considered a vulnerable person if you fall into any of these groups. This means that any bailiffs will have to follow some additional rules to ensure their visit is as easy on you as possible.

Furthermore, if any of these conditions apply to you, you can get more time to deal with the Notice of Enforcement. You can also get more time if the Notice of Enforcement was not sent to you properly by the bailiffs or your council.  

If you fall into any of the above categories, you need to either tell the bailiffs yourself or get a relative or carer to do it for you. You can then contact them by phone or by post. I have a free letter template that you can use to explain your situation.

When you speak to the bailiffs, you need to:

• Tell them that you’re vulnerable
• Explain why you would find dealing with bailiffs more difficult than other people in the same situation
• Ask them to stop any visits in the future because it will cause harm and distress to you
• Tell them if a letter or a visit could make your situation worse – this could be the case if you have a mental health problem or a heart condition, for example.

Make a note of what you agree with the bailiffs about future contact. This will make it easier to argue with them if they don’t stick to this new agreement, or if you need to make a complaint.

What Happens If I don’t have any Goods that They can Take? 

A bailiff may enter your property, see the goods you have and decide that they are not worth it to come with a van in order to seize them. Your goods might also not be enough to cover your debts as well as the costs of the van as well as any other additional charges.

In this case, your bailiff may leave and come back at a later date to seize your goods. Your bailiff has 12 months from the date that the notice of enforcement was sent to you to seize your goods. 

How do I Complain? 

If you think that your bailiff has been unreasonable or behaved inappropriately, you can make a complaint. You can also make a complaint if you feel that they have broken any of the Financial Conduct Authority’s (FCA) guidelines.

Make your first complaint to the bailiff’s company or agency so that they have the chance to sort out the issue themselves. If you feel that they have not taken your complaint seriously enough or have not addressed your issue properly, you can escalate matters.

You can make any secondary complaint to the Financial Ombudsman Service (FOS). They will investigate and, if your complaint is upheld, the bailiff’s company may be fined. You could even be owed compensation.

If the company that your bailiff works for is not registered with the FCA, you can make your secondary complaints to the Civil Enforcement Authority (CIVEA). CIVEA has its own set of guidelines and procedures for dealing with complaints against its members.

References

Schedule 12, Tribunals, Courts and Enforcements Act, 2007

Part 1, Regulation 10, Certification of enforcement agents, 2014.

Gov.uk, CPR – Rules and Directions, 2018.