Can Bailiffs Break into Your Home?

The biggest question on your mind is: what happens if you do not pay the bailiffs, do not let them into your home or allow access to your vehicle?

The straight answer is: nothing.

So long as you keep the bailiff out of your property and do not sign anything, the bailiff will eventually give up and move on. Example.

The bottom line is: if you do not have the means, the bailiffs cannot take what you have not got.

Bailiffs can apply to a court for a separate warrant to enter and search for goods. Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The correct procedure for a bailiff to apply for a warrant of entry is given in Rule 10(c) of the Criminal Procedure (Amendment) Rules 2015.

Place these notices inside your front door and outside your property to stop the bailiffs. However, they may threaten you with "locksmiths" and pester your neighbours for information about you, so put them on alert and call police if they see anyone acting suspiciously in the neighbourhood.

If you have signed a Regulation 15 Controlled Goods Agreement, the rules change...

Bailiffs claim they can break into your home using a locksmith to recover goods listed on the Controlled Goods Agreement under the case of McLeod v Butterwick [1996] 3 All ER 236, [1996] 1 WLR 995 — it has been repealed by Section 65 of the Tribunals, Courts and Enforcement Act 2007.

BUT ONLY IF:

• The bailiff has a VALID CONTROLLED GOODS AGREEMENT — so you must check the bailiff has followed the correct procedures and regulations.

AND PROVIDED THAT:

• You previously ALLOWED the bailiff into your home to make that levy in respect of the same debt and you signed a Controlled Goods Agreement.

Case law: Brintons Ltd v Wyre Forest District Council [1977] QB 178

Otherwise you can refuse entry to your home by displaying these notices.

In Davis v Lisle, Goddard J said police officers entering the premises were not trespassers, but they became trespassers once they were told to leave and thus were not acting in the execution of duty.

If the bailiff subsequently breaks into your property, then you have a civil and a criminal claim following the case of Khazanchi & Anor v Faircharm Investments Ltd & Others, Court of Appeal.

Bailiffs cannot break open a door but can open one if it is unlocked: Budd v Pyle [1846] 10 JP 203.

If he enters by force, he is there unlawfully and you can treat him as a trespasser. In Vaughan v McKenzie [1963] 3 All ER 1154, two county court bailiffs used force to enter. One was struck over the head with a full milk bottle. Held: not assault, the bailiff was there illegally.

Another person cannot sign a Controlled Goods Agreement without the debtor’s knowledge or permission: Lumsden v Burnett [1898] 2 QB 177