WHAT GOODS CAN A BAILIFF TAKE FROM MY HOME?

It is important to note that in just one, maybe two cases in every 100 will a bailiff actually take goods. This is because the mere threat is normally sufficient to force the owner to find the money, either, by borrowing or using funds that are necessary for day to day living.

By law, a bailiff will be coming to your home to enforce a warrant by levying on goods……the truth however, is that he would much prefer full payment of the debt….. and his costs.

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. For Child Support Agency arrears there are different items that the bailiff can and cannot take. Please refer to the Child Support Agency part of our site for further details.

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 bailiffs have removed items that are exempt, you will find that in our Legal Case section of our Downloads area we are providing details of a very important legal case that has been relied upon in many court cases. In addition, in our Letters section of our Downloads area you will also see that we have compiled a letter that can be sent to the local authority as a complaint that details the relevant legal ruling. This letter can be adapted to suit your own personal circumstances.

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.

CAN I GIVE GOODS AWAY BEFORE A BAILIFF ARRIVES?

Yes …….you have every right to protect your goods and assets.

As long as you remove goods before a bailiff arrives, there is nothing whatsoever illegal in this. A bailiff is allowed to levy anywhere in England & Wales on goods of yours that he can find, but it would be almost impossible to discover where the goods are located….unless you are going to tell him!!!

In the first instance, the most common way to protect your assets is to transfer them to a relative, children, friends etc. This has the effect of putting your assets beyond the reach of creditors.

Note:
There are 2 problems that could arise.  The first being that there is an offence called “fraudulent removal”. This is contained under the Distress for Rent Act and is where a tenant has deliberately taken assets from the premises with the effect that there are insufficient goods to satisfy the levy.

In this particular instance the landlord, if he knew of the removal, could try to pursue those assets. However he would only be able to do this within thirty days of the removal. Therefore, if you are not a tenant and the landlord is not the person taking action against you…you can give goods away.

OFFENCES.

If a bailiff has only taken exempt goods, this will mean that the entire levy is seen as illegal and the bailiff will be seen to have committed an act of trespass.

If some exempt goods have been seized….along with items that are lawfully allowed to be taken, then it can be seen that the levy is only trespass and lawful in only so far as the exempt assets are concerned.
We have provided a more detailed explanation of this in our section entitled: BAILIFF OFFENCES.