Care and support

What is a bailiff?

A bailiff is someone authorised to collect a debt on behalf of a creditor. A creditor is someone you owe money to. There are different types of bailiffs - e.g. county court bailiffs, certificated bailiffs and private bailiffs who can be used to collect different types of debts. These include county court judgments, unpaid council tax, magistrates’ court fines, unpaid maintenance to the Child Support Agency and outstanding rent.

Different bailiffs have differing powers to collect debts. However, there are certain rules that apply to all bailiffs. Unless stated otherwise, the information in this leaflet applies to any bailiff.

Can anyone be a bailiff?

Yes, providing they have legal authority to carry out their actions. Some creditors prefer to use certificated bailiffs to collect their debts. "Certificated" means that the firm of bailiffs has provided references to the county court and the bailiffs they employ are considered to be 'fit and proper' persons. Bailiffs collecting rent arrears and road traffic penalties must be certificated. It is worth remembering that both men and women can be bailiffs!

What 'legal authority' must a bailiff have?

A bailiff must be legally authorised to collect the debt on behalf of the creditor. The authority is normally known as a 'warrant', or 'warrant of execution' if the bailiff is recovering money owed under a county court judgment.

Bailiffs used by the magistrates court to collect unpaid council tax, outstanding fines, compensation or unpaid maintenance will be acting on either a 'distress warrant' or a 'liability order' issued by the magistrates court.

If you are in arrears, creditors will sometimes send representatives to your home to try and negotiate repayments with you. These people might be called 'counsellors', 'collectors' or 'advisers'. They do not have powers to enter your home and seize your goods.

How do I know it is a bailiff at my door?

Bailiffs should provide identification or authorisation if you ask them to. Bailiffs collecting for rent must show their certificate from the county court if you ask them to. Bailiffs collecting unpaid council tax/poll tax must show written authorisation from the local authority. See also 'Will I get advance notice of a bailiff visit?'

Can a bailiff call at night or on a weekend?

Only bailiffs collecting rent are obliged to call between sunrise and sunset, all other bailiffs can call at any time of day or night. However most bailiffs should call at a 'reasonable' time, either during normal office hours or between 8. a.m. or 8 p.m. See below for current guidance for enforcement agents.

Can a bailiff force his/her way into my house?

Most bailiffs do not have the right to force their way into your home to seize your goods. Bailiffs from the Collector of Taxes (Her Majesty’s Revenue and Customs) can get a warrant to force entry, but this is very rare. From 18th July 2005, enforcement agents acting for the magistrates’ court may ‘enter and search any premises’ for the purpose of pursuing unpaid criminal fines - providing this action is ‘reasonably required’. The new rule adds that ‘an authorised officer may use reasonable force if necessary’.

All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also "If a bailiff does gain peaceful entry to my house, what will they do?"

You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.

Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.