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Bailiff making a "forced entry" is NOT breaking entry

Regulation 20 of the Taking Control of Goods Regulations 2013 says bailiffs can only enter by usual means such as an unlocked door.

Paragraphs 57 to 61 of the Taking Control of Goods: National Standards 2014 say a power to enter by force exists for re-entering premises with a valid Regulation 15 Controlled Goods Agreement and the debtor is wilfully avoiding their responsibilities.

Bailiffs cannot falsely imply that a debtor refusing entry to a property is classed as an offence. See Paragraph 20 of the same National Standards.

A bailiff carrying a valid warrant recovering a magistrates' court fine or a High Court writ can enter by force only if the debtor is wilfully refusing to cooperate.

A warrant can be shown in electronic form on a device, and does not need to be on paper or have a wet-ink signature.

For magistrates' court fines, there is an extra provision for entering using reasonable force. See this article.

Bailiffs sometimes assert that entering by force is a licence for breaking entry using violence. This is not the case, because it requires a separate authority under Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The law says a warrant of entry can only be obtained for court fines. See Rule 10(c) of the Criminal Procedure (Amendment) Rules 2015.

The notion of bailiffs being allowed to enter private homes by breaking entry is a myth. Even bailiffs, and worse still, police officers can be deluded into believing that their warrant or writ has the same power of entry as a police search warrant issued under Section 8 of the Police and Criminal Evidence Act 1984.

These are two completely different warrants with completely different powers prescribed by different regulations.

Paragraph 61 of the National Standards states the only time a bailiff can break entry with a locksmith is:

  1. when they are recovering goods levied on a previous visit, and
  2. they have a valid Regulation 15 Controlled Goods Agreement signed by you in your presence

Alternatively, they must make an application to the court for a warrant to enter premises under Paragraph 15(1) of Schedule 12. The correct procedure is given in Rule 10(c).

In any event, bailiffs cannot touch goods not listed on the signed Regulation 15 Controlled Goods Agreement.

If a bailiff crosses the line and asserts a right to break and enter your home when he cannot, you can report this to Action Fraud quoting the above legislation. Police follow a list of criteria to decide whether to investigate a fraud. You must shape your complaint to fit those criteria, or risk being ignored.

Utility Companies

Section 2 of the Rights of Entry (Gas and Electricity Boards) Act 1954 permits access on application to a magistrate. Utility warrant officers can lawfully break entry to disconnect services or install pre-payment meters.

HMRC

Section 61(2) of the Taxes Management Act 1970 allows HMRC to force entry during daytime if a warrant has been obtained from the General Commissioners.