Bailiffs may use reasonable force to enter commercial premises,[1] any domestic premises to collect unpaid tax owed to HMRC,[2] install a pre-pay gas or electric meter,[3] or collect unpaid court fines.[4]
The law does not define "reasonable force", it is often interpreted by government-supported debt charities to mean breaking and entering.[5]
There are no enforcement regulations enabling bailiffs to break entry, or "get a locksmith" to enter domestic premises, other than executing a warrant of possession (an eviction), or to install a pre-pay energy meter.[6]
Bailiffs cannot threaten anyone with a locksmith or breaking and entering after the enforcement power has ended[7] to recover fees.[8][9]
Enforcement regulations prohibit bailiffs using force against people.[10]
Anyone commits an offence if they threaten violence to secure entry,[11] carries equipment or tools used for breaking in,[12][13] damages or destroys property belonging to another without lawful authority,[14] or makes a threat to damage or destroy property.[15]
If your home is broken into, do not touch anything, take photographs, preserve the crime scene and report a burglary.
If you capture a bailiff on video making a threat to come back with a locksmith, or leaves a document containing a threat[16][17][18], or was wearing a body-worn camera, it should be reported to the police.
[1] Paragraph 19(1)(b) of the Tribunals Courts and Enforcement Act 2007
[2] Section 127 of the Finance Act 2008
[3] Section 2 of the Rights of Entry (Gas and Electricity Boards) Act 1954
[4] Paragraph 18(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] See Why bailiff companies tell you to approach debt advice charities
[6] Section 2 of the Rights of Entry (Gas and Electricity Boards) Act 1954
[7] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[9] Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014
[10] Paragraph 24(2)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[11] Section 6(5) of the Criminal Law Act 1977
[12] Section 25(1) of the Theft Act 1968
[13] Section 3 of the Criminal Damage Act 1971
[14] Section 1 of the Criminal Damage Act 1971
[15] Section 2 of the Criminal Damage Act 1971
[16] Section 127(1)(a) of the Communications Act 2003
[17] Section 1(1)(a)(ii) of the Malicious Communications Act 1988
[18] Section 2 of the Protection from Harassment Act 1997
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