Can bailiffs force entry?

The starting point: peaceful entry only

The Taking Control of Goods Regulations 2013 say an enforcement agent may enter premises “only by any door, or any usual means by which entry is gained to the premises”. Walking in through an unlocked door is allowed. So is being let in by someone at the property.

Anything else is not a usual means of entry. Climbing through a window, climbing over a locked gate or pushing past the person who opens the door are all outside the rule.

What a closed door does not stop

Keeping the door shut prevents entry for most debts. It does not prevent the visit from counting: the £247 enforcement stage fee applies from the first attendance. Goods outside the home can still be taken into control, which most often means a vehicle on the drive or parked on the road nearby.

The agent can come back, and the power to take control of goods lasts 12 months from the notice. A closed door does not affect the debt either: the creditor keeps its other ways of collecting it.

What the rules say about vehicles

Forced entry, debt by debt

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The five situations where force is allowed

1. Criminal fines from the magistrates’ court

   Agents enforcing a warrant of control for a fine imposed on conviction may use reasonable force to enter if they need to. GOV.UK describes forced entry for criminal fines as a last resort.

2. Tax debts owed to HMRC

   An enforcement agent can apply to a court for a warrant allowing reasonable force. The court has to be satisfied that goods are likely to be on the premises and that it is appropriate, looking at the amount owed and the nature of the debt. The agent must explain how they will get in and how they will leave the property secure.

3. Business premises

   Where a High Court or county court judgment is being enforced and the agent reasonably believes the debtor trades from the premises, reasonable force can be used. This does not extend to someone’s home, and it does not apply to traffic penalty debts.

4. Returning after a broken controlled goods agreement

   If an agent has already been inside, taken control of goods under a signed agreement, and the payments in that agreement are missed, they can come back and use reasonable force to get in. They must first give at least 2 clear days’ written notice of their intention to re-enter.

5. Goods moved to avoid being taken

   A court can issue a warrant allowing force to enter premises that goods have been deliberately moved to so that control cannot be taken of them.

What “reasonable force” means

In practice it means a locksmith opening a locked door. The law is explicit that a power to use force “does not include power to use force against persons”. An agent who has forced entry must leave the premises as effectively secured as they found them, and the cost of a locksmith can be added to the debt.

Common questions