What items can the Bailiff take
from my home?
By law, a bailiff will be coming to your home to enforce
a warrant by levying on goods……the
truth however, it that he would much prefer full payment of the
debt….. and his costs. In most cases, the mere threat of
a bailiff arriving to remove furniture or goods provokes a person to pay
the debt.
It is important to note that it is very rare for the bailiff
to actually remove goods from your
home. In fact in only approx: 1 case in every 100 will the bailiff
remove items. From a bailiffs point of view, although he may well
arrive at your home in a removals type of vehicle, he really doesn’t
want basic household furniture. This is because the resale value
at public auction is very low. Additionally, health
and safety regulations commonly prevent electrical goods
from being seized, in the same way that fireproofing
regulations prevent soft furnishings, such as sofa’s etc
actually being taken.
A bailiff is only allowed to take
sufficient goods to cover the outstanding bill and his costs.
However, although you may consider that a sofa is worth £700
for instance, its sale at auction would only be approx: £70.
For this reason the bailiffs can legally take goods that at auction
will cover the outstanding bill etc.
Also a large categories of items are in fact exempt,
and if these goods are seized there could be serious
implications for the bailiff and the local authority that
instructed them as well.
Statutory Regulations state that
the following items are exempt and must not be taken.
• "Such tools, books, vehicles and other items of
equipment as are necessary for use personally in employment,
business or vocation"
• "Such clothing, bedding, furniture, household equipment
and provisions as are necessary for satisfying basic domestic
needs of the person and family".
Because the above list is so vague, and not very specific, we
have reviewed over 75 contracts between local authorities and
their relevant bailiff companies to see what items are listed
by the majority of councils as being exempt. These items are as
follows:
• Goods of minimal or no resale value
• Food items, cooking utensils
• Items that would leave family unable to prepare a hot
meal.
• Heating appliances
• Children’s items, toys, prams (but
computers and bikes can be taken)
• Disability items to be used to care for the sick
• Medical aids or medical equipment
• Items purchased using money from Social Fund
• Refrigerators
• The main form of cooking: if you have a cooker and microwave,
the bailiff could take the microwave. If you only have a microwave
then this must not be seized.
• Washing machine, vacuum cleaner
• Personal items: such as family photographs/pictures.
• Items of minimal value, and or broken items.
• Goods either rented, or hired.
Items that are actually attached are also exempt from seizure.
This would include built in ovens, flat screen televisions or
stereo systems attached to the wall.
If the bailiff is attempting to include any of these items, our
advice would be to immediately telephone
the relevant council and ask that they confirm whether the items
are exempt in their contract. If they confirm that the bailiff
can take the goods, try to obtain the name of the person and ask
for confirmation in writing.
It is important to remember that the onus of proof is on the
owner of the goods seized to show that they are exempt
because they fall in any particular category. However, the courts
have decided that bailiffs have a duty of care that they must
exercise when seizing goods and that when a bailiff is put on
notice that items do not belong to the debtor, then they must
act with caution, and try to seize other items if at all possible.
If you have received notification that bailiffs are intending
to visit your home and you do not own the goods in the house,
it is advisable that a letter is immediately sent to the bailiffs
to inform them of this. You will see in our
Letters section of the Downloads area that we have provided a letter that can be adapted by you
for this purpose.
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