Few things are more distressing than the anticipation of bailiffs arriving at your property. However, understanding the limitations of their powers can help alleviate some of that anxiety. This guide will provide an overview of what bailiffs are and aren’t allowed to do so you know what to expect if they visit your property.
What Is the Work of Bailiffs?
Bailiffs are only permitted to enter your property if someone inside the house permits them. If no one is present at the property, the bailiff may only leave a card indicating that they have visited the premises. This card should include a phone number that the property owner can use to contact the bailiff and discuss the issue.
However, if the bailiff has previously been granted access to the property and finds an open door, they are permitted to enter. They may also return to your home to collect goods that need to be sold to cover the outstanding loan.
One of the primary responsibilities of a bailiff is to visit your home and present you with options for paying off your debt. If you cannot pay your debts on time, the bailiff is permitted to take stock of saleable goods in your home and provide you with a Controlled Goods Agreement (CGA) to sign. We are ready to offer more information on this subject.
The saleable goods listed in the inventory will remain on your property if you meet the required debt obligations. They will only be seized and sold if you breach the debt repayment agreement.
If you are not able to settle your debts, many organizations can provide you with assistance, such as the Money Advice Service. If you are in need of financial support, please refer to our guide for information on where you can find independent assistance.
Are Bailiffs Allowed to Enter Your Property Forcefully?
One of the most common questions is can bailiffs force entry? Bailiffs are only permitted to enter your property if someone permits them. If nobody is at the property during the visit, they may attempt to access it through an unlocked door, although this is rare.
However, if the bailiff needs to collect goods to sell to repay the debt and the borrower has breached the terms of the Controlled Goods Agreement (CGA) by failing to pay the agreed-upon debt installments, the bailiff is allowed to force entry into the property.
What Are Bailiffs Allowed to Take?
When a bailiff visits your property, their primary objective is to speak with you and come to an arrangement on how to repay the debt, either in whole or through specific installments. However, bailiffs are limited in their number of payment plans. Therefore, a bailiff may connect you with someone at Lowell or one of our trained solicitors to help negotiate the payment terms and conditions.
If you agree on specific terms with the bailiff, it may be necessary to prepare a Controlled Goods Agreement (CGA). This document lists the saleable goods in your property that qualify under the court’s control. If you make the required payments, these goods will remain in your home. However, if you breach the terms of the CGA, the bailiff can visit again to collect the goods, which will then be sold at auction to repay the outstanding debt.
Bailiffs are only permitted to collect goods owned by the borrower or jointly owned by another party. They are not allowed to take away items that belong to their partner or another person living on the premises. Bailiffs cannot seize protected goods or commercial tools used for earning income. You must provide evidence to protect them.
Bailiffs are only authorized to take goods with a market value, meaning they can be sold in a free market to raise enough funds to pay off the outstanding debt. They must only take goods that cover the costs of transportation, storage, and auction fees. In other words, they cannot take items that cannot raise enough funds in an auction to cover the debt.
If you need further advice on bailiff powers and responsibilities, refer to the Citizens’ Advice Bureau or the UK government’s guide. They provide helpful information on what bailiffs are allowed to do and not do.
