Can council bailiffs enter via a window after being refused at door?

Question

I really need to know the answer to this question. Some bailiffs came to the property, my goods was in the property as well, but the person in question wasn't in. This was explained to the bailiffs at the door, and they were refused entry. They then passed through the window to gain access to the property. Is this legal. Please do not assume, just I really need the information, as I'm planning on taking them to court!

Surely this cannot be legal, but as I understand it the bailiffs has vast amount of powers.

Help me please!

P.S. I'm in the UK, and they are certified bailiffs acting on behalf of the Local Council. They have never entered the property before. Apparently they have visited on numerous occassions

Well like I said I was in at the time. I know that they can pass through an open window, but after being refused at the door to gain entry, can they pass through the window afterwards? Cause I thought they were gone, then 2 minutes later they were walking in the house. Isn't this breaking and entering? I have asked the police and I was told that they don't know much about the bailiff law. I was told to go to a local CAB, but it is difficult to get through on the phone, and going in there is like luck of the draw. They are always busy. Please tell me your source.

Thanks

I am aware that different bailiffs have different powers, bailiffs of the courts has more rights than certified bailiffs. I've looked it all up, but I just want to know, can a council bailiffs enter the property through a window after being refused at the door.

P.S. I know they are doing a job, and I can understand, as malicious people not paying up are shoving the cost on those that are paying their bills. I'm can fully understand that. I just want to know if what they did was illegal. Thanks

Answer 1

These are big guys, right?

Answer 2

Most bailiffs DO NOT have the right to force their way into your home to seize goods. The only exception to this is if they are a Collector of Taxes, which does not appear to be the case here.

Their rights of entry are a different matter. This will depend on the powers given to them by the Court Order, so you must exercise your right to check the warrant carefully when they arrive. Check date, address etc are accurate because if they are not, you are legally entitled to refuse entry.

Moreover, only in cases such as eviction orders are they allowed to break and enter or to force down external doors/windows. As for climbing through an open window, it would depend on where it was in the house? If it was a downstairs window, and it was wide open then they could justify their behaviour, if it was upstairs and they'd brought their own ladder to reach it, that is a different matter entirely.

If you pursue this - lots of matters will be taken into account such as what the person owes, how many times did the bailiffs call, where they being deliberately avoided, the methods used by the bailiffs to gain entry and whether or not they even had a valid court order.

Your first point of contact should be the citizen's advice bureau.

Answer 3

It is my opinion, that registered bailiffs have a legal right to enter your property even if you have refused access via a door (verbaly or physically refused access to them). Its my understanding that the bailiff's can then enter the property by any means they can and that definately does include an open window.

**Why? Because bailiff's are technically officers of the law, they are empowered by the law to carry out (execute the warrent) the instructions of the local authority or a court. To gain access to good or assetts inorder that a debit or fine be paid. So Yes! they can is the answer & I'm affraid they do have the law on their side.

Hope that helps?

IR

Answer 4

If the bailiff is certified and is collecting unpaid council tax they can enter the property by peaceful means which means they can climb through an open window or walk through any door which is not locked. They do not require permission to do this. However if all your doors and windows are locked you can refuse them entry if you answer the door to them and they are not allowed then to force entry. If they have been inside your property on a previous occasion and listed goods on the second visit they can legally break into the property to collect the goods. Further advice can be found at http://abailiffadvice.co.uk/

Answer 5

Bailiffs with the the finest option warrent can legally enter you residing house or in severe circumstances rigidity get good of entry to. genuine Bailiffs could instruct you and convey you with a reproduction of the warrent for retreaval of solid and ought to also instruct you some valid id... if she needs to give up being a anxious ruin, she may purely ought to pay what she owes or come to an association with the corporate. Bailiffs are typically not in touch if a area has shown 'solid Will' to paying the debt. So perhaps that is unavoidable.

Answer 6

no they can't as a self-taught lawyer i advise you now to report the matter to police and immediately commence legal proceeding against the bailiff seeking damages from them and also demand their prosecution. report them to local council and demand their contract to be cancelled or withdrawn.
the bailiff must go back to court and ask for force entry order (they will not get it as there are resident in the property) only if the person who is suppose to be served with the notice ignore the notice then the bailiff will be granted a force entry. in this case that person was not in then the bailiff should have gone away leaving a notice to say what time he will be returning and if he is ignored he will go back to court asking for a force entry.
email me if you need further help [e-mail]

Answer 7

They can enter the property by any means how, however they must have the legal paperwork and read it out to you. However with that said if they have damaged or taken your possession's you can sue them. If you are on a low income (which probably is the case) get legal advice from a solicitor which won't cost you a penny as you will be entitled to Legal Aid. Good luck!

Makes you wonder how they sleep straight the rotters!!!!

Contact 'Welfare Rights' - just punch in 118118 in the search bar or look in Yellow Pages etc ya know the score! ;)

PS - If you have children get in touch with 'Social Services' and your local 'Housing Impact Office' cos your classed as homeless and it's their responsibility to house you and your children. Hope this helps.

Answer 8

Answerer Mike Sanders has given the precise legal position. As a retired government officer I know this is the position. When we can break open a lock on the door we can certainly enter through a window which might have been left open.The question of police help would come up provided there is ,physical opposition. If you have your goods all the more reason for you to cooperate with them and identify your belongings which are not subject to their action. Otherswise they can seized it also under the spacious agrument of reasonable belief. While personal liberties are all right it should not be forgotten that the bailiffs also represent a democratically elected council

Answer 9

If they have been let into the property once I think you'll find that they have the power of re-entry. However, if they have been refused entry they will need a court warrant, if still refused entry they can insist and force entry usually with police presence. They can only seize goods belonging to the person named on the warrant, and only goods to the 'distress' sale value. For example, they cannot seize goods if you can prove they belong to you and you're not named on the warrant. Distress sale value means that they can nick a £200 TV and say that they will only get £20 for it.

Answer 10

If the window was open then yes they have the right to gain access. They cant take goods though without a Walking Possession Order, signed by the occupier of the house.

Answer 11

I dont think it's illegal for them to enter through a window that is open because it is not breaking and entering but you should maybe ask this question at a police station to find out where you stand especially if they are after someone else at your property.