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What is peaceful entry?
The bailiff can only gain entry into your home by “peaceful
entry”. This is vitally important. Contrary to popular
belief, a bailiff has very limited powers….but he would
like to think that you don’t know this. This is certainly
the case when it comes to whether he is allowed into your home
or not.
With the exception of the collectiion of criminal fines, a bailiff can
only enter your home by “peaceful entry”. This means,
that he cannot get in by forcing a door or a window. If however,
the door or window is open, he can get in. If the door is unlocked,
he can also enter, and if a key is in the door, he can use the
key to get in. The "Whistleblower" television programme in 2004
caused great distress to many people, in particular, when we were
shown a bailiff using a ladder to gain entry through an upstairs
open window. Sadly, as awful as this was….it was legal.
Many bailiffs will tell you that they have a court order that
gives them the right to enter your home...this is not
true. The bailiff may also try to trick
you by asking if he can come into the house to use your telephone,
to show you his paperwork, or even to use the toilet. These are
all attempts to gain “peaceful entry”.
Please be aware that if you invite him in, he cannot then be told
to leave, until he has finished trying to levy (seize) your goods.
Note: There are different rules if
the bailiff is collecting an unpaid fine from the Magistrates
Court. See our home page for more details.
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