The Role of the Bailiffs in Property Repossessions

If a landlord or mortgage company obtains a possession order from the county court they will usually have to wait for several weeks before they are entitled to take physical possession of the property. Unless the occupants of the property leave it voluntarily, county court bailiffs will almost certainly be instructed to visit the property and formally take possession of it.

County court bailiffs are directly employed by the courts and enforce county court judgments and possession orders.

Warrant of Possession

Once a possession order is enforceable the landlord or mortgage company will ask the court bailiff to taken possession of the property. To do this they must issue a warrant of possession. A warrant which is validly obtained allows the court bailiff to take physical possession of a property.

If there is any reason to believe that an occupant may be obstructive or violent the bailiff may request that the police attend the eviction. Alternatively, in some circumstances, representatives from the RSPCA or the social services could also be asked to attend an eviction if their assistance may be needed.

Pre-Repossession Visit by the Bailiffs

Once a warrant has been issued the court bailiffs will usually visit the property to hand-deliver the notice of eviction. Hand-delivering the notice serves two purposes. Firstly, the bailiffs will be more certain that the occupants of the property will receive the notice of eviction if it is hand-delivered than if it is posted. Secondly, the visit gives the bailiffs an opportunity to confirm that they have the correct address and to check if there is likely to be any difficulty accessing the property when they come to repossess it.

The notice of eviction will usually be delivered a couple of weeks prior to the day on which possession is scheduled to take place. However, there is currently no set notice period. This notice will give the address of the property to be repossessed as well as the date and time when the repossession process is scheduled to start.

Last Minute Applications to Stop Repossession

It is not uncommon, especially in repossessions based on mortgage arrears, for an occupant of the property to make a last minute application to stop the eviction going ahead. This means that there may be a court hearing on the same day – and even at the same time – as is scheduled for the repossession. When this happens the bailiff will usually liaise with the court staff and the mortgage company or landlord until a judge has dealt with the application. If the court hearing goes on after the time when the eviction is due to take place the bailiff may have to reschedule it, in any event, to the next available slot in their diary.

Repossession by County Court Bailiffs

Unlike bailiffs who come to seize goods, bailiffs attending to repossess a property are allowed to break into it if necessary. However, they will generally first seek to be let in by any occupants. County court bailiffs are also authorised to use reasonable force to remove any occupants who refuse to leave.

Bailiffs may decide not to go through with a scheduled eviction for a number of reasons. For example: they feel threatened by the occupants or any animals on the property; there are unaccompanied children in the property; the occupant is ill or vulnerable; or, the property is unsafe or inaccessible. However, an eviction cancelled for any of these reasons will only be postponed until any necessary measures are put in place.

If the bailiffs successfully enter the property they will then begin the process of physically repossessing it. In addition to changing the locks the bailiffs will also usually disconnect the utilities and secure the property. The fees charged by the bailiffs for repossessing a property are added to the debt owed. Any goods or belongings left in the property will be locked in when the property is secured. The lender or landlord should be contacted directly to arrange a time when these goods can be collected. Anything left in the property for longer than a couple of weeks is likely to be disposed of or sold.

Making a Complaint About a County Court Bailiff

Complaints about the behaviour of a county court bailiff should, in the first instance, be made in writing to the relevant county court providing the details of the property and the number of the warrant of possession.