Who counts as a third party? - A bailiff cannot enter a property with the help of a third party


Any person or entity that is not named as the debtor is named on the enforcement power.

The enforcement power can be a Writ of Control[1], Warrant of Control[2], a Liability Order[3][4] or a magistrates' court fine.[5]

A third party cannot assist bailiffs to enter a property. E.g. using a key held by a landlord,[6] or workmen at the property.[7]



[1] Unpaid High Court Writ of Control: Civil Procedure Rule 84.3
[2] Unpaid Traffic Debts: Civil Procedure Rule 75.3
[3] Unpaid Council Tax: Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992
[4] Unpaid Child Support: Regulation 28 of the Child Support (Collection and Enforcement) Regulations 1992
[5] Unpaid Magistrates' Court fines: Section 76 of the Magistrates' Courts Act 1980
[6] Miller v Curry [1893]
[7] Nash v Lucas [1867] 2 QB 590