Information For Police Officers

Bailiff powers when they visit domestic premises

What you can do when a bailiff visits

A bailiff (‘enforcement agent’) may visit your home if you do not pay your debts - such as Council Tax bills, parking fines, court fines and county court, high court or family court judgments.

This will happen if you ignore letters saying that bailiffs will be used.

There are different kinds of bailiffs, known as:

1. ‘certificated enforcement agents’ (also known as ‘civil enforcement agents’)
2. ‘high court enforcement officers’ (agents working under a high court enforcement officer are known as certificated enforcement agents'
3. county court and family court bailiffs’
4. bailiffs who enforce magistrates’ court fines and warrants for arrests (either ‘civilian enforcement officers’ or ‘Approved Enforcement Agents’)

A bailiff may also visit your home for other reasons, for example to serve court documents or give notices and summons.

An Approved Enforcement Agent can arrest you if there’s a warrant for your arrest forbreaking a community penalty order.

Bailiffs usually give you at least 7 days’ notice of their first visit but in certain cases do not need to give notice.

Paying what you owe before a bailiff visits

If you think a bailiff might visit you to collect debts, you can stop this by paying the money you owe. Get advice about how to pay your debt from whoever you owe money to as soon as possible.

You might be arrested if you do not pay criminal debts, such as fines or penalty notices.

Dealing with bailiffs

You usually do not have to open your door to a bailiff or let them in.

Bailiffs cannot usually enter your home

1. by force, for example by pushing past you
2. if only children under 16 or vulnerable people (with disabilities, for example) are present
3. between 9pm and 6am
4. through anything except the door

Bailiffs are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort.

If you do not let a bailiff in or agree to pay them they could take things from outside your home, for example your car you could end up owing even more money

If you do let a bailiff in but do not pay them they may take some of your belongings. They could sell the items to pay debts and cover their fees.

You may be able to get extra time to make a payment or get debt advice if you’re a vulnerable person (for example, you have mental health problems or are seriously ill).

Check the bailiff’s identity

Before you let a bailiff in to take your things or pay them, ask to see proof of their identity, such as a badge, ID card or enforcement agent certificate which company they’re from a telephone contact number, a detailed breakdown of the amount owed

All bailiffs must have a certificate unless they’re exempt or they’re with someone who does have a certificate.

Anyone who claims to be a bailiff when they are not is committing fraud.

To check a bailiff’s identity you can check the register of certificated bailiffs if they say they’re a certificated enforcement agent or contact the court that sent them if they say they’re a county court bailiff, family court bailiff or a civilian enforcement officer

Paying a bailiff

You can pay the bailiff on the doorstep - you do not have to let them into your home.

Make sure you get a receipt to prove you’ve paid.

If you cannot pay all the money right away, speak to the bailiff about how you could pay the money back.. The bailiff does not have to accept your offer.

What bailiffs can and cannot take

If you let a bailiff into your home, they may take some of your belongings to sell.

Bailiffs can take luxury items, for example a TV or games console.

They cannot usually take:

1. things you need, such as your clothes, cooker or fridge
2. work tools and equipment which together are worth less than £1,350
3. someone else’s belongings, such as your partner’s computer

You’ll have to prove that someone else’s goods do not belong to you.

How to complain about a bailiff

You can complain about a bailiff (‘enforcement agent’) if you think they’ve broken the rules, for example if they:

1. threaten or harass you
2. try to break into your home without a warrant
3. try to charge you incorrect fees
4. take goods belonging to someone else
5. take essential items, including things you need for work

You can complain both to: whoever the bailiff is working for or the people you owe money to

Complain to a court about a bailiff’s behaviour

If a bailiff has a certificate allowing them to carry out enforcement action (a certificated enforcement agent) you can ask the court to consider whether they should be allowed to continue operating. You need to:

fill out and submit an EAC2 form (https://www.gov.uk/government/publications/form-eac2-complaint-against-a-certificated-person)send it to the court where the agent is registered - you can find this on the certificated enforcement register.

The court can remove the agent’s certificate or order them to pay compensation.

It’s free to make a complaint, but you may have to pay legal costs if you complain to a court and they decide there were no ‘reasonable grounds’ for the complaint.

Writs of possession

As an alternative to enforcing a possession order by applying for a warrant of possession in the County Court, the landlord may apply to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO). Enforcement in the High Court is usually quicker.

HCEOs are also referred to as enforcement agents, bailiffs or Sheriffs. They are private agents regulated by the High Court Enforcement Officers Association who operate under instructions received from the claimant landlord.

Between 17 November 2020 and 31 May 2021 there was a stay on enforcement of warrants and writs of possession, except in limited circumstances.

When a possession order can be enforced in the High Court

A possession order can be enforced in the High Court in two situations.

The first is when the possession hearing was in the High Court. This is unusual because if a landlord applies for a possession order in the High Court, it is transferred to the County Court unless there are exceptional circumstances, such as complicated disputes of fact or important points of law

The most common reason for High Court enforcement is because the landlord has applied to the County Court to have the possession order transferred to the High Court for enforcement by an HCEO.

Application for transfer of enforcement to High Court

The County Court judge has discretion whether to allow the transfer of enforcement to High Court. [3]

The landlord can request the transfer:

• during possession proceedings in the County Court
  
• after a possession order has been obtained, by making an application to the County Court.

From 20 September 2020, if the property is within the area of a District Registry and the landlord applies for a transfer to High Court, then, unless the County Court directs otherwise, the case will be transferred to the District Registry.

When an application cannot be made

An application for a transfer cannot be made if there are outstanding applications from the tenant, such as an appeal against the possession order.

High Court enforcement and rent arrears

If rent arrears together with any court costs total over £600, the landlord may also apply for a writ of control to recover the money owed. A writ of control provides for the seizure and sale of the debtor goods. This was previously known as, and is still commonly referred to, as a writ of fieri facias or writ of fi fa.

Interest, currently at the rate of 8 per cent, on the judgment debt for arrears will accrue from the moment of the transfer of the order.

Breathing space and High Court Enforcement

Landlords are prohibited from applying for a writ of possession on the basis of rent arrears, during a breathing space moratorium.

The landlord must notify the court if the tenant is in a breathing space moratorium. The court must ensure that any proceedings to enforce an order concerning a moratorium debt does not progress during the moratorium period.

Reasons for a landlord to apply for a transfer to the High Court

A landlord might ask for a transfer of the order to the High Court because:

• enforcement in High Court is usually quicker
  
• delays in County Court enforcement may result in increasing rent arrears, further damage to the property and/or anti-social behaviour

If money is owed, the writ of possession may include provision for enforcing the payment of any money adjudged or ordered to be paid by the order which is to be enforced by the writ

Reasons for a tenant to oppose a transfer to the High Court

The tenant's reasons for opposing High Court enforcement could include:

• lack of evidence that County Court enforcement would cause a significant delay
  
• disproportionately high costs
  
• requiring more time to find somewhere else to live before eviction.
  
• The tenant's particular circumstances, such as whether they have significant rent arrears or children, can be relevant factors in the court's decision.

Requirement for High Court permission

If the landlord's application to transfer is granted by the County Court, the landlord must obtain the High Court’s permission before the writ of possession is issued, except in:

• actions against trespassers
  
• mortgage repossession cases
• cases where a suspended possession order for non-payment of rent is breached.

Landlord's notice of application for permission

When permission to enforce a possession order in the High Court is sought, the landlord must give notice of the application to 'every person in actual possession' of the property. The High Court must not grant permission unless each tenant is given such notice as the Court considers sufficient. [10]

There is no requirement to give notice in any particular form. What is sufficient notice will depend on the facts of the case. Where a sole tenant was aware that the case had been transferred to the High Court, a reminder from the landlord of the terms of the court order and a request that to give up possession could be sufficient notice.

A writ of possession can be set aside even after its execution if the landlord fails to:

• give sufficient notice
  
• provide full information to the court about pending applications or appeals against the possession proceedings.

High Court practice note on HCEOs

Some HCEOs had tried to circumvent the correct procedure by applying directly to the High Court to take over the matter under section 41 of the County Court Act 1984, or by using Form N293A inappropriately against tenants, rather than trespassers. On 21 March 2016, the Senior Master of the High Court issued a practice note to ensure that these malpractices stop.

Notice of execution of a writ of possession

From 20 September 2020, a notice of eviction must be delivered to the premises at least 14 days before the eviction date, unless the court dispenses with this requirement.

• The notice of eviction must be:
• addressed to all persons named on the possession order and 'any other occupiers'
  
• inserted through the letter box in a sealed transparent envelope or, if this is not practicable, attached to the main door or some other part of the land so that it is clearly visible, or, if this is not practicable, attached in a sealed transparent envelope to stakes in the land in places where they are clearly visible.
  
• The notice must be delivered to the premises 14 days before the eviction date, unless the court:

• dispenses with the requirement to serve a notice of eviction
  
• extends or shortens the time by which a notice of eviction must be delivered.
  
• The notice requirement does not apply to action against trespassers who have never had permission to enter or occupy the premises.

From 7 August 2021 if an eviction does not take place on the date specified on the notice, a further notice of eviction must be delivered to the premises at least 7 days before the new eviction date.[15]

Before 23 August 2020 HCEOs did not have to notify the tenants in advance about the eviction date, although some HCEOs did drop off the writ and return a day or two later. Before 23 August 2020, seven days' notice was required only if a HCEO was seeking to seize goods and money as well as recover possession of the property.

Applications to stay or set aside

The High Court has the power to stay or set aside a writ of possession, or writ of control. [18] Applications to the High Court should be made on form N244.

The application should be supported by evidence. The evidence can be included on the form, or by witness statement. A fee is payable, and applications should be made with notice of at least three clear days. Where an application is made with less than three clear days the court may agree to a shorter time.

If the stay or set aside is granted it is important that, where possible, the tenant informs the HCEO of this fact as the High Court may not have informed the HCEO.

An application relating to the possession order, such as to set aside or vary the original possession order, must be made to the County Court.