Do Bailiffs Need a Court Order? – In-Depth Guide, FAQs, Tips & More

Are you worried about a bailiff coming to your home? Or stressed about negotiating with them? If you’re asking, ‘Do bailiffs need a court order?’ you’re in the right place. This article is made to answer your questions and ease your worries.

Every month, more than 170,000 people visit our website to learn about handling debt, as Citizens Advice estimate households have around £18.9 billion in unpaid bills like council tax and utilities¹. We know that dealing with bailiffs can be tough, so we’re here to help you.

In this article, you will find:

•  Clear information about court orders and bailiffs.
•  Steps to take if a bailiff comes to your home.
•  Tips for dealing with council tax bailiffs.
•  Help for vulnerable persons dealing with bailiffs.
•  Tips on how to deal with unaffordable debt.

Our team understands your worries, as some of us have been in your shoes. We know it can be stressful, but we’re here to help. Let’s dive into solving your worry about bailiffs.

Do debt collectors need one?

Sometimes a council will use a debt collector to chase you for a payment before applying for a liability order. It is important to note that a debt collector is not the same as a bailiff. The debt collection worker will be chasing you for a payment before the matter is taken to court. 

Only after court action could a bailiff possibly get involved (if you continue to not clear the debt after the judge requests you do so). Our financial expert, Janine Marsh, advises on letting a bailiff into your home: ‘You must ensure that they are who they say they are before you open your door. Ask for their certificate through the letterbox or a window.’

Therefore, debt collectors do not need a court order to ask you to pay. But if you are using the term debt collector to refer to a bailiff, it’s a different matter…

What exactly is it?

A county court order is an instruction/approval by a local county court judge for one party to take action against another. In the debt industry, the court order is typically for the debtor to repay a creditor. It’s a last resort process when other debt recovery methods have not borne fruit.

You may be able to dispute or complain about a court judgment if you think the wrong decision was made. 

In the case of council tax debts, the council will apply for a liability order. 

When the council applies for legal powers to collect the debt – maybe through bailiffs – they usually add their legal fees. Here’s a quick table summarizing the most common bailiff fees.

Action	Fixed fee	% Extra to pay for debts over £1,500
Compliance (written communication)	£75	None
Enforcement (visiting your home)	£235	7.5%
Sale (removing and selling belongings)	£110	7.5%

Action	Fixed Fee	% Extra to pay for debts over £1,000
Compliance (written communication)	£75	None
Enforcement 1 (visiting your home)	£190	7.5%
Enforcement 2 (if they visited and you didn’t make/keep an agreement you set with them)	£495	None
Sale (removing and selling belongings)	£525	7.5%

If you fail to pay what you owe after a liability order, the council could take enforcement action, including employing enforcement officers to visit your house and collect a debt. 

If you do not have the money to repay, they could take goods instead, such as a car you own, a TV or other valuables. 

But before they take these sorts of measures, they are likely to make an information request.

The information request can ask about your earnings, enabling the council to decide whether enforcement action is worthwhile. 

If you do receive an information request from a council, you will have 14 days to respond – and not responding is a criminal offence. 

» TAKE ACTION NOW: Fill out the short debt form

Do council tax bailiffs need it?

A bailiff must have an active liability order instructing you to clear the council tax debt for them to come and enforce the debt. The same applies to creditor debt. The FCA state that a bailiff must not misrepresent their authority or legal position, and cannot suggest that an action may be taken where it legally can’t².

By “enforcing the debt”, I mean recovering the payment or taking control of your goods for sale. They can repossess some for your possessions and sell them at an auction with the funds raised put towards clearing your council debt. 

You should be given seven days warning of their intended arrival to recover payment or goods, excluding national holidays and Sundays. This is known as enforcement notice or notice of enforcement.

There is a way you can cooperate with a bailiff without them coming to your home. The bailiff could ask if you want to enter into a virtual Controlled Goods Agreement (CGA – a type of payment arrangement where your goods are used as collateral) and take the first payment over the phone. 

Can I Pay Them Off?

The easiest way to deal with a bailiff coming to your house to collect council tax is to repay the debt. This will stop all future bailiff action relating to the debt. 

Making a full payment can be good for your mental health and help you move on. If you do clear the money owed, or make a payment in part, make sure you get a receipt for the payment made. 

If you cannot afford to pay the creditor or council in full, don’t panic. 

You will still be offered a CGA in most situations. But if you don’t agree to a CGA, the bailiffs can take your goods.

Can they force entry?

One of the common questions asked is whether county court bailiffs can force entry…

Even with a court order, you do not have to let a court appointed bailiff inside your home. 

In the UK, court-appointed bailiffs can only force entry to a home or business if all the following apply:

1. They are taking control of goods inside
2. You have missed a CGA repayment 
3. You received two days’ notice they were coming to take control or consider taking control of these goods

Forcing entry is more likely to occur when trying to collect income tax, national insurance debts, council arrears, or criminal fines. 

And just because they can use force doesn’t mean they can physically harm you. Even then, you can still ask for proof that the bailiff is registered in England to work as an enforcement agent. 

However, the bailiff is allowed to gain entry to your home without force if possible, which could mean walking through an unlocked door or standing in a door entryway and then refusing to move. 

Bailiffs are not allowed to force entry through unlocked windows, but it is advised you keep them locked just in case you are dealing with a rogue officer. 

They can even enter through an unlocked door when you are not at home yourself. But they cannot enter your home between the hours of 9 pm and 6 am. 

Can HCEOs break in?

High court bailiffs, often referred to as High Court Enforcement Officers (HCEO), cannot force entry into your home on their first visit. This means that they cannot pass you, enter through a window, or prevent you from closing the door.

However, they can force entry on a subsequent visit if you break a controlled goods agreement. It is also worth noting that HCEOs can use force to gain entry to commercial premises, as long as they’ve obtained an appropriate warrant.

High Court Enforcement Officers are different to county court bailiffs. They are private-sector agents authorised by the Ministry of Justice. They work to enforce High Court orders, including county court orders that have been transferred to the High Court.

What if you don’t have any valuables?

Wondering what bailiffs will do if you have no or few valuables in your home is a sadly common question.

In these scenarios, the bailiffs are allowed to return within 12 months to find out if you have since acquired the funds to pay or own new valuable possessions that are worth repossessing. 

If you are making bailiff repayments, the 12-month time limit only begins once you stop making repayments. 

But for now, you need to be aware of what bailiffs can’t take.

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.

What fees can they charge?

There are fixed fees that an enforcement officer can charge you for enforcing a court order. 

There is an initial £75 charge for the groundwork and carrying out checks. Then there is a £235 charge for the first visit of your premises to attempt to recover payment or seize goods. And a further £110 fee for completing the process of selling your goods. 

You could be subject to additional fees if your debt is greater than £1,500 or for storing your goods until they are sold. 

Some vulnerable people are not subject to all of the enforcement agent fees listed above, including single parents and people with terminal illnesses, or those who have recently become unemployed. 

Sometimes, bailiffs are not even allowed to come to your property in these situations. 

How do I complain?

If you think that your HCEO 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 High Court Enforcement Officer Association’s (HCEOA) Code of Best Practice.

Make your first complaint to HCEO 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 HCEOA. They will investigate your complaint thoroughly and provide you with a report if your complaint is upheld. If your HCEO’s behaviour was very poor, they may be fined, and you could even be owed compensation.

If your bailiff is a bailiff and not an HCEO, 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.

How to avoid HCEOs 

The best way to avoid HCEOs is to stay on top of your debts. Sometimes, this means getting a debt solution when you realise that you are struggling to manage your unsecured debts.

There are several different debt solutions available in the UK, so I recommend speaking to a debt charity as soon as possible. Their advisors will be able to look at your finances in detail and help you work out which debt solution will work best for you.

I have linked a few charities that offer these advisory services for free below.

Debt Management Plan (DMP)

A DMP is an informal debt solution that lets you pay off your debts via a single monthly payment.

Because it is informal, it is not legally binding so you are not tied into a DMP for a minimum number of payments.

Individual Voluntary Arrangement (IVA)

An IVA is a formal agreement between you and your creditors. You agree to pay a monthly sum that is distributed amongst your debts, and your creditors agree not to contact you during your IVA.

IVAs typically last for 5 or 6 years, and any outstanding debt is wiped off when it ends.

Keep in mind that IVAs are not suitable for everyone. You need to owe several thousand pounds to more than one creditor to be eligible. You also need to demonstrate that you have some disposable income every month.

Trust Deed

IVAs are not available in Scotland. Instead, you will need to opt for a Trust Deed.

Trust Deeds work in the same way as an IVA – you pay an agreed sum each month that is shared amongst your creditors, they can’t contact you, and any leftover debt at the end of your Trust Deed term is written off.

Debt Relief Order (DRO)

A DRO is a good option for those facing financial hardship with no assets and little income.

For 12 months, you make no payments, but your creditors freeze your interest and don’t contact you.

If your finances haven’t improved during this year, you may be able to write off your unsecured debts.

Bankruptcy

If you have debts but no realistic possibility of ever paying them off, you may need to declare bankruptcy.

Bankruptcy has an unfair stigma attached to it as it may be your only way of getting a financial fresh start. That said, it is a serious financial situation that should not be taken lightly.

Sequestration

Sequestration is the Scottish version of bankruptcy.

If you have little income and no valuable assets, you may be able to apply for a minimal asset process bankruptcy (MAP). A MAP is a quicker, cheaper, and more straightforward version of sequestration, so worth considering.

References

1. Citizens Advice – Debt Statistics and Bailiff Issues
2. FCA Handbook – CONC 7