When Bailiffs Can Get A Locksmith And Break Entry
Bailiffs may only enter private homes with a locksmith when executing a warrant or writ of possession to evict tenants or squatters, installing a pre-paid energy meter, or recovering money owed to HMRC. These situations are rare due to the high financial risk and potential for property damage claims.
In all other cases, bailiffs may not break into private homes.
Commercial premises, however, do not enjoy the same protection. When recovering debts owed by a company or business, such as unpaid business rates, bailiffs may enter these premises using a locksmith. Therefore, you must urgently apply to stop the enforcement power.
Bailiffs cannot use a locksmith to enter private homes when recovering Council Tax, traffic contravention debts, and High Court Writs.
Although bailiffs might interpret "reasonable force" to mean using a locksmith, it actually refers to entering through an unlocked door. According to Paragraph 24(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, bailiffs are expressly prohibited from using force against individuals.
If a locksmith, or any person without a valid certificate under section 63 of the Tribunals Courts and Enforcement Act 2007, unlawfully enters a property, they commit an offence of burglary under section 9 of the Theft Act 1968.
Should a bailiff or other person, lacking lawful authority, threaten you with breaking in or using a locksmith, it is imperative to report this to the police. Provide the name of the individual making the threat and obtain a crime or incident reference number.
If the threats continue, you have the right to apply for an injunction to put a stop to these unlawful actions.