Can a bailiff enter the communal area of flats if someone leaving the entrance refuses to let him in?


No

Bailiffs cannot break entry into any communal area to a black of flats because the communal areas is not where the debtor lives or trades.[1]

If bailiffs want to enter specified premises, then they must apply for that authority separately.[2]

A bailiff breaking into premises which is not specified premises on the writ or the enforcement power, may be guilty of an offence because he must have court authority to enter.[3]

If a person lets a bailiff into a communal area to a block of flats, e.g a landlord, workmen or a police officer, then access by this means renders everything that follows invalid.[4]


[1] Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Section 9 of the Theft Act 1968
[4] Nash v Lucas [1867] 2 QB 590