Entering by Force - Bailiff Powers and Legal Limits

Learn the legal limits of bailiff entry powers including the requirements under Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

Paragraph 15 restricts when and how a bailiff can enter a premises by force. Generally, entry must be peaceful and lawful. However, in certain cases, forced entry is allowed, such as re-entry under specific warrants or for the purpose of taking control of goods that the bailiff has already had access to.

The law under Schedule 12, Paragraph 15 of the Tribunals, Courts and Enforcement Act 2007 states that an enforcement agent may only use reasonable force in specific, limited situations.

It is illegal for a bailiff to force entry on their first visit for most debts, including council tax, parking fines, and rent arrears unless the agent has already previously entered peacefully and is re-entering to remove goods listed on a controlled goods agreement.

Forced entry may be allowed in cases of unpaid criminal fines or HMRC debts, but even in such cases, strict procedural and statutory rules must be followed.

Before a locksmith is called, the bailiff must satisfy the court that all legal preconditions are met, and must not act in a manner that causes distress or danger to the occupier.

Improper forced entry can result in civil liability for trespass, damages, or breach of statutory duty under the Tribunals, Courts and Enforcement Act 2007.

To report unlawful entry, victims should document all activity, preserve any CCTV footage, and file complaints to the relevant court and to Action Fraud or HMCTS as appropriate.