UK Bailiff Services Limited
Temporary Housing and Excluded Occupier Eviction Terms
The terms governing instructions to UK Bailiffs for temporary-accommodation and excluded-occupier possession work in England and Wales.
The Client must establish the lawful possession route before instruction. If a possession order or warrant is required, UK Bailiffs will not treat the matter as an excluded-occupier eviction simply because it has been described that way.
About these terms
These Terms and Conditions apply to instructions accepted by UK Bailiff Services Limited, trading as UK Bailiffs ("UKB"), for temporary-housing and excluded-occupier possession work.
Submitting or signing an instruction form, or otherwise confirming an instruction in writing, constitutes the Client's acceptance of these Terms. Any different terms must be agreed in writing by a Director of UKB.
Lawful authority
The Client must have authority to recover possession and instruct UKB.
Correct legal route
The Client must verify the occupier's status, notice and any need for a court order.
Complete information
Known risks, vulnerabilities, occupants and material changes must be disclosed promptly.
1. Parties and acceptance
These Terms govern the relationship between UKB and the person or organisation giving the instruction (the "Client"). UKB may accept, decline, suspend or discontinue an instruction where it considers this necessary for legal, operational, safety, welfare or commercial reasons.
An instruction is accepted only when UKB confirms acceptance. Receipt of documents, an enquiry or a payment does not by itself oblige UKB to attend.
2. Authority and occupier status
The Client confirms that it owns, manages or is otherwise lawfully authorised to act in relation to the premises and has authority to instruct UKB.
The Client is responsible for establishing the occupier's legal status and the possession route that applies. This includes deciding whether the occupation is excluded from statutory protection, whether reasonable or contractual notice has expired, and whether a possession order, warrant or other court process is required.
Temporary accommodation, hostel accommodation, licences and other short-term arrangements are not automatically excluded merely because of their name or intended duration.
3. Documents and information
The Client must provide complete, accurate and non-misleading information, including where applicable:
- the agreement, licence, tenancy or placement documents;
- the notice relied upon and evidence of service;
- any possession order, warrant, injunction or relevant correspondence;
- authority from the owner, housing provider, managing agent or local authority;
- the names and known circumstances of all occupants;
- known risks, vulnerabilities, children, animals, medical needs or safeguarding concerns; and
- any dispute, complaint, legal representation or threatened proceedings.
UKB may request further evidence or verification. Delay or failure to provide satisfactory information may result in postponement, suspension or refusal.
4. Scope of UKB's service
Unless otherwise agreed in writing, UKB provides an operational attendance service. This may include pre-attendance review, risk assessment, communication with the occupier, attendance at the premises, coordination with an authorised locksmith and reporting the outcome to the Client.
UKB is not a firm of solicitors and does not provide legal advice or determine the Client's legal entitlement to possession. Any review undertaken by UKB is an operational safeguard and does not transfer the Client's responsibility for the legal basis of the instruction.
UKB may use suitably authorised employees, enforcement agents, contractors or specialist suppliers to deliver the service.
5. Lawful conduct, safety and welfare
UKB will use only methods it considers lawful, necessary and proportionate in the circumstances. It may change the operational plan, delay entry, withdraw or seek further instructions where legal status is disputed, risks escalate or new information emerges.
UKB may pause or stand down an attendance because of threats, violence, medical concerns, vulnerability, safeguarding issues, the presence of children, police direction concerning immediate safety, inadequate resources or any other material risk.
Police attendance does not determine the parties' civil rights or validate the Client's possession route. The Client remains responsible for the underlying authority and documentation.
6. Client availability and instructions
The Client must nominate a person with authority to give prompt instructions during the attendance. UKB may rely on instructions received from that nominated person unless told otherwise in writing.
The Client must immediately disclose any change affecting the instruction, including payment, agreement with the occupier, new court proceedings, a change of status, withdrawal of authority or information suggesting that attendance should not proceed.
UKB is not required to follow a Client direction that it considers unlawful, unsafe, misleading, inconsistent with these Terms or outside the agreed service.
7. Possessions, belongings and keys
Responsibility for an occupier's belongings remaining at the premises rests with the Client unless UKB has expressly agreed a separate service in writing. The Client must arrange any inventory, storage, access, collection notice or disposal process required by law.
Keys, access devices and security information will be handled in accordance with the agreed instruction. The Client must confirm who is authorised to receive them and is responsible for ongoing security once possession is returned.
8. Fees, deposits and disbursements
The Client must pay the agreed fees, VAT where applicable, and reasonable disbursements incurred in carrying out the instruction. Disbursements may include locksmiths, additional personnel, parking, tolls, congestion or clean-air-zone charges, travel, accommodation and other agreed third-party costs.
A deposit may be applied to attendance fees, preparation, cancellation charges, abortive work or disbursements already incurred. Unless the quotation states otherwise, any remaining balance is payable within the period shown on UKB's invoice.
UKB reserves any statutory entitlement to interest, fixed compensation and reasonable recovery costs on qualifying late commercial payments. Such rights apply only where the relevant legislation and contractual circumstances permit.
9. Cancellation, abortive attendance and stand-down
If an instruction is cancelled, withdrawn or postponed after acceptance, the Client must pay for work completed, resources committed and non-refundable disbursements incurred up to that point.
An attendance may be treated as abortive where, for example, access or authority is unavailable, information was incomplete or inaccurate, the occupier's status is disputed, the Client cannot be contacted, the premises are already vacant, or the instruction cannot safely or lawfully continue.
Fees already earned and costs already incurred remain payable where UKB reasonably delays, modifies or stands down the attendance.
10. Outcomes and reporting
UKB does not guarantee vacant possession, entry to the premises, occupier cooperation or any particular outcome. Services are provided using reasonable care and skill, subject to the legal position, safety, welfare, information supplied, occupier behaviour and third-party involvement.
UKB will provide the agreed attendance record or outcome report. The Client should raise any material factual concern promptly so it can be reviewed while records remain readily available.
11. Responsibility and liability
The Client is responsible for losses, claims and reasonable costs arising from inaccurate or incomplete information, lack of authority, misclassification of the occupier, defective notice or breach of these Terms. Where legally enforceable, the Client will indemnify UKB against third-party claims arising from those matters, except to the extent that the claim was caused by UKB's own negligence, unlawful conduct or breach of contract.
Nothing in these Terms excludes or restricts liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
12. Data protection and confidentiality
Each party must comply with the data-protection obligations that apply to its processing. Depending on the information and purpose involved, UKB and the Client may act as independent controllers or UKB may process particular data on the Client's documented instructions.
The Client confirms that it has a lawful basis to provide personal data to UKB and will share only information reasonably required for the instruction. UKB will handle personal data in accordance with its Privacy Notice.
13. Complaints
Concerns should be raised promptly with the Client Services Team at help@ukbailiffs.org. Complaints are handled under UKB's Complaints Policy. Information about vulnerability and reasonable adjustments is available in the Vulnerability Statement.
14. General terms
If any provision is found to be invalid or unenforceable, the remaining provisions will continue in effect. A delay in enforcing a right does not waive that right. The Client may not transfer an instruction or its rights under these Terms without UKB's written agreement.
These Terms and the accepted written quotation or instruction form constitute the agreement for the service. They are governed by the law of England and Wales, and the courts of England and Wales will have jurisdiction, subject to any mandatory rule that applies.
Before submitting an instruction
Make sure the occupation documents, notice, authority, known occupants and welfare information are available for review. If the legal route is uncertain, obtain advice from a suitably qualified housing solicitor before instructing attendance.
UK Bailiff Services Limited, trading as UK Bailiffs. These service terms do not constitute legal advice and should be read with the accepted quotation and instruction form.
