A Council Tax bailiff can only take the debtor’s goods

The Schedule 12 enforcement power is a power to take control of the debtor's goods. A council tax enforcement agent does not acquire a general right to seize property merely because it is found at the debtor's address.^[1]

Where goods belong to a spouse, partner, relative, landlord, employer, finance company or other third party, ownership evidence should be produced promptly. Useful evidence may include purchase invoices, bank statements, finance agreements, registration documents and a clear witness statement from the owner.

If an enforcement agent takes control of goods in which a third party claims an interest, Civil Procedure Rule 85 provides a specific third-party claims procedure. The procedure and deadlines depend on whether the goods have been taken under a High Court writ or another enforcement power.^[2]

Do not rely on a handwritten receipt created after the dispute if stronger contemporaneous evidence exists. The question is beneficial ownership of the goods, not merely whose name appears on a convenient document.

Jointly owned goods require particular care. An enforcement agent may in some circumstances take control of the debtor's interest in jointly owned goods, subject to Schedule 12 and the claims procedure. The non-debtor owner should therefore assert and evidence the interest rather than assuming joint ownership makes the item untouchable.^[3]

If a bailiff threatens to take a clearly third-party item, give written notice of the ownership claim to both the enforcement company and council and keep proof of delivery. If the goods have already been removed, act quickly because the CPR 85 procedure contains procedural requirements and time limits.

^{[1] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Civil Procedure Rule Part 85
[3] Paragraph 3 and paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007}