- Earliest
- 6amany day
- Latest
- 9pmany day
- Sundays
- Allowedand bank holidays
- Notice first
- 14 clear daysbefore a first visit
The rule on hours
The Taking Control of Goods Regulations 2013 say an agent “may not take control of goods of the debtor before 6 a.m. or after 9 p.m. on any day”. A matching rule covers coming onto premises: an agent may only enter, re-enter or remain “after 6 a.m. and before 9 p.m. on any day”.
So both the visit itself and anything done during it have to fall inside that window.
The rule on days
The regulations are short on this point: an agent “may take control of goods of the debtor on any day of the week”, and may enter premises “on any day of the week”. Saturdays, Sundays, bank holidays, Good Friday and Christmas Day are all days on which a visit is lawful.
Where the confusion comes from
Sundays and bank holidays do matter for something else. They are left out when the 14-day notice period is counted. That delays the earliest date of a first visit. It does not stop a visit happening on one of those days once the notice period has run. Work out the earliest visit date
The three exceptions
A court order
A court can authorise an agent to act outside the normal hours. The agent has to apply for it.
Business premises that are open
Where premises are used wholly or partly for a trade or business, an agent can enter and take control of goods during any hours when the premises are open for business. A late-opening shop, takeaway or pub can therefore be visited after 9pm.
A visit that started in time
An agent who came in during permitted hours can stay beyond them if it is reasonably necessary to finish searching for goods, taking control of them or removing them, “provided the duration of time spent is reasonable”.
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Other limits on a visit
- A first visit cannot take place until a Notice of Enforcement has given at least 14 clear days. Notice of Enforcement
- An agent cannot enter, or take control of goods, when the only person present is a child under 16 or a vulnerable person.
- An item that someone is holding or using cannot be taken if doing so is likely to cause a breach of the peace.
- For most debts an agent cannot force entry to a home. A closed door does not stop the £247 enforcement stage fee being added on that visit, and a vehicle outside can still be clamped. The forced entry rules
How many visits
The regulations do not cap the number of visits. They limit the period instead: 12 months from the Notice of Enforcement to take control of goods. The enforcement stage fee of £247 is charged once, on the first attendance, however many times an agent returns.
Once an agent has been inside and found nothing they can take, a further entry is restricted. What bailiffs do when there is nothing to take
Scotland is different
These hours apply in England and Wales. In Scotland, sheriff officers taking possessions under an exceptional attachment order are limited to 8am to 8pm, Monday to Friday, unless a court order says otherwise. Sheriff officers in Scotland
Common questions
Can bailiffs come on a Sunday?
Yes. Visits are allowed on any day of the week between 6am and 9pm.
Can bailiffs come at night?
Not to a home after 9pm or before 6am, unless a court has ordered otherwise or a visit that began in time has to be finished.
Can bailiffs come on Christmas Day?
The regulations allow visits on any day. Christmas Day is left out when the notice period is counted, but it is not a day on which visits are banned.
Do bailiffs say when they are coming?
The Notice of Enforcement gives the date and time by which payment has to be made to stop goods being taken. It does not have to give an appointment for the visit.
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Free debt advice is available
These organisations give free, impartial debt advice and are independent of Bailiff Support Team. Nobody has to use a paid or commercial service to get help with their debts, and using one of the free services does not reduce the options available. Their advisers can also ask an enforcement firm to extend a notice period or apply for Breathing Space where it fits.
- MoneyHelperGovernment-backed. Finds a free debt adviser nearby or online.
- StepChange Debt CharityFree debt advice online and by phone.
- Citizens AdviceDetailed help with bailiffs, online and in person.
- National DebtlineFree advice and sample letters, run by the Money Advice Trust.
Sources
- Taking Control of Goods Regulations 2013, regulations 12 and 13 (days and hours)
- Taking Control of Goods Regulations 2013, regulations 21 and 22 (days and hours of entry)
- Taking Control of Goods Regulations 2013, regulation 10 (when control may not be taken)
- Taking Control of Goods Regulations 2013, regulation 6 (minimum period of notice)
- Taking Control of Goods Regulations 2013, regulation 9 (time limit)
- Citizens Advice Scotland: Sheriff officers
- Taking Control of Goods (Fees) Regulations 2014, Schedule (fee tables)
