Warrant of execution
Page 7 of 12
Can the bailiff break into the defendant's property?
Bailiffs can only enter the defendant's home if they are allowed in by the person there. If there is nobody there, the bailiff can enter if a door is left unlocked or through a window that is already open. Bailiffs may be able to break into business premises if there is no living accommodation attached and they believe the defendant's goods are inside. They can also enter if the bailiff has previously been allowed in and is returning to the defendant's house to collect goods to be sold. But, in these circumstances, you may be asked to promise to pay the court an amount (an 'indemnity') in case the bailiff cannot collect any costs later from the defendant.
What goods can the bailiff take?
The bailiff can only take goods which belong to the defendant or are jointly owned. For example, the bailiff cannot take goods which belong to the defendant's partner. (Partner is someone the defendant lives with as if they were married.)
Any goods which the bailiff takes must be likely to fetch money at auction. Bailiffs will not remove goods if they think that they will not fetch enough to pay something towards the warrant after the cost of removing and selling them at auction have been paid.
Bailiffs cannot take:
- items which the defendant needs for his job or business, such as tradesman's tools or books;
- essential household items which the defendant and his family need such as clothing or bedding;
- items which are leased, rented or are on hire purchase agreements; or
- goods which may have already been seized by bailiffs acting under another warrant.
Remember, the bailiff will not usually take items such as second-hand furniture or electrical items if they are not likely to fetch very much at auction.
Bailiffs also cannot take:
- cars which are bought on hire purchase; or
- equipment which does not belong to a business.(For example, office furniture, machinery and vehicles may be leased.)
There may be nothing belonging to a company at its registered office. If you can, give an address where the company is actually carrying on its business.