Bailiffs, also known as enforcement agents, are authorized by law to take possession of certain goods in order to recover unpaid debts.
These goods are typically listed in a controlled goods agreement, which is a contract between the bailiff and the debtor that outlines the terms of repayment.
The types of goods that can be taken by bailiffs vary depending on the specific laws of the jurisdiction, but they may include items such as vehicles, jewelry, electronics, and other valuable items.
However, bailiffs are not allowed to take certain items such as basic household goods, tools of trade and items that belong to a third party.
Also, they are not allowed to enter your home by force, unless they have a court order allowing them to do so.
Belongings bailiffs can’t take
Bailiffs are legally allowed to seize certain items in order to pay off a debt, but there are certain belongings that they are not allowed to take. These include:
- Essential household items such as beds, cookers, and fridges
- Clothing, bedding and furniture that is necessary for basic domestic needs
- Tools of trade up to a value of £1,350 (if the debtor is self-employed and the tools are necessary for their livelihood)
- Items that are protected by law, such as war medals, books and documents of sentimental value
- Certain items that belong to someone else, such as a third party’s property left in your possession
- Items that are subject to hire purchase or conditional sale agreements
- Items that are subject to a court order or legal proceedings.
Things that are permanently attached or fitted to your home
Something shouldn’t be taken by bailiffs if doing so will result in significant harm. They shouldn’t remove a kitchen unit, for instance. The bailiffs could be able to seize anything if it can be easily removed without creating any damage.
Things you need to live
Bailiffs can’t take things you need to live – these are things you use for your ‘basic domestic needs’.
They have to leave you with:
- a table and enough chairs for everyone living in your home
- beds and bedding for everyone living in your home
- a cooker or microwave and a fridge
- a washing machine
- a phone or mobile phone
- any medicine or medical equipment and anything you need to care for a child or older person
Stop bailiffs taking things they shouldn’t
If a bailiff attempts to seize an item that is not legally allowed to be taken, it is important to provide evidence to dispute their claim. This may include documentation such as ownership papers or proof that the item is necessary for your job or medical care. It is best to present this evidence when the bailiff is present at your home, but if they have already taken the item, you will need to file a complaint and provide the evidence to support your claim.
Complain if bailiffs take something they shouldn’t
If bailiffs remove something they shouldn’t or list it on a controlled goods agreement, you must file a complaint within 7 days. You must hear back from the bailiffs within ten days.
If the bailiffs take something you own
If a bailiff takes something that they are not legally allowed to take, it is considered ‘exempt goods’. In this case, it is important to take action and contact the bailiff with evidence to support why the item should not have been taken. Provide details on why the goods are exempt and ask for their return.
If the bailiff is unwilling to return the item, you should then contact the creditor, or the person or company you owe money to, and provide them with evidence explaining why the bailiff should not have taken the item.
If the bailiffs take something that belongs to someone else
This includes:
- things that belong to other people
- anything you’re still paying for on finance
- Motability scheme vehicles
Anything that belongs to someone else is known as ‘third party goods’.
The owner should provide evidence to the creditor that the item belongs to them and explain why it should not have been taken by the bailiff. Time is of the essence in these situations, as the longer the item is in the possession of the bailiff, the harder it may be to retrieve it.
Frequently asked questions
Bailiffs are legally allowed to take certain items from your home in order to pay off a debt you owe. These items include things like luxury items, household goods, and vehicles that are not essential to your basic needs. They can also remove items that are listed in a controlled goods agreement between you and the bailiff. However, they are not allowed to take certain items such as tools of the trade, household essentials and items that belong to someone else.
No, bailiffs cannot take my fridge freezer, they must leave you with basic household items, including: A cooker or microwave, a fridge and a washing machine. A landline or mobile phone. What can bailiffs legally take from your home?
Can bailiffs take my fridge freezer?
Conclusion
Bailiffs are legally authorised to take certain types of property from your home in order to repay a debt. These may include items that are not deemed as necessary for you to maintain a basic standard of living, such as luxury items or items that can be easily replaced. They may also take items that are listed in a controlled goods agreement, which is a legally binding contract between the bailiff and the debtor.
However, they are not allowed to take essential items such as tools of your trade, household items, clothing and bedding, or items that belong to someone else. Additionally, they are not allowed to take items that are considered as exempt goods, such as items that are necessary for you to maintain a basic standard of living, or items that are protected by law, such as items that are protected by a court order.
With over three decades of experience in the business and turnaround sector, Steve Jones is one of the founders of Business Insolvency Helpline. With specialist knowledge of Insolvency, Liquidations, Administration, Pre-packs, CVA, MVL, Restructuring Advice and Company investment.