When bailiffs are permitted to employ a locksmith to gain entry.

Bailiffs are authorised to gain entry into private residences with the assistance of a locksmith when:

Carrying out a warrant or writ of possession to remove tenants or squatters.

Installing a pre-payment gas or electric meter.

Enforcing commercial debt at a business premises.

Collecting unpaid business rates at a commercial premises.

Recovering money owed to HMRC.

Bailiffs are not permitted to enter private residences with a locksmith when undertaking the recovery of:

Council Tax

Parking Tickets

Traffic debts

High Court Writs

County Court judgments

Bailiffs fees

The legislation allows Magistrates' Court fine bailiffs to "gain entry by reasonable force."

Bailiffs misinterpret this to imply - "get a locksmith."

Bailiffs are forbidden from employing force against individuals during the process of debt recovery.

If a locksmith or any individual unlawfully enters a property, they are guilty of the offence of Breaking and Entering.

The offence of breaking and entering comprises two elements.

Entering without lawful justification - as stipulated in section 1 of the Criminal Damage Act 1971.

Entering unlawfully as a trespasser - in accordance with section 9 of the Theft Act 1968.

Bailiffs possess legal authority to enter "relevant premises," but they are not empowered to forcibly enter any premises unless it is a commercial establishment.

"Relevant premises" include the enforcement address stated on the writ or warrant, any location where the debtor typically resides, or where the debtor conducts a trade or business.

Even if a bailiff breaches enforcement regulations, they cannot be prosecuted for burglary, as it constitutes an offence of entering unlawfully as a trespasser, and bailiffs are immune from liability under the following legislation.

The Law:

Paragraph 66(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

This results in potential liability for the Criminal Damage aspect of the offence.

If a bailiff forcibly enters any premises with a locksmith, even if the locksmith replaces the original lock with a new one, the bailiff may be culpable of theft or criminal damage to the original lock.

The Law:

Section 1 of the Criminal Damage Act 1971 states:

Destroying or damaging property.

(1)A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

(2)A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

(a)intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and

(b)intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.

(3)An offence committed under this section by destroying or damaging property by fire shall be charged as arson.

The authoritative legislation regarding the engagement of locksmiths for gaining unauthorised entry into property

Paragraphs 14 to 30 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Paragraph 14

Entry without warrant

(1)An enforcement agent may enter relevant premises to search for and take control of goods.

(2)Where there are different relevant premises this paragraph authorises entry to each of them.

(3)This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.

(4)If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.

(5) Repealed

(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a)usually lives, or

(b)carries on a trade or business.

Paragraph 15

Entry under warrant

(1)If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods.

(2)Before issuing the warrant the court must be satisfied that all these conditions are met—

(a)an enforcement power has become exercisable;

(b)there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued;

(c)it is reasonable in all the circumstances to issue the warrant.

(3)The warrant authorises repeated entry to the same premises, subject to any restriction in regulations.

Paragraph 16

Re-entry

(1)This paragraph applies where goods on any premises have been taken control of and have not been removed by the enforcement agent.

(2)The enforcement agent may enter the premises to inspect the goods or to remove them for storage or sale.

(3)This paragraph authorises repeated entry to the same premises.

Paragraph 17

General powers to use reasonable force

Where paragraph 18 18A, 19 or 19A applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised.

Paragraph 18

This paragraph applies if these conditions are met—

(a)the enforcement agent has power to enter the premises under paragraph 14 or 16 or under a warrant under paragraph 15;

(b)he is acting under an enforcement power conferred by a warrant of control under section 76(1) of the Magistrates' Courts Act 1980 (c. 43) for the recovery of a sum adjudged to be paid by a conviction;

(c)he is entitled to execute the warrant by virtue of section 125A (civilian enforcement officers) or 125B (approved enforcement agencies) of that Act.

Paragraph 19

(1)This paragraph applies if these conditions are met—

(a)the enforcement agent has power to enter the premises under paragraph 16;

(b)he reasonably believes that the debtor carries on a trade or business on the premises;

(c)he is acting under an enforcement power within sub-paragraph (2).

(2)The enforcement powers are those under any of the following—

(a)a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;

section 127 of the Finance Act 2008.

Note: Section 127 Finance Act is the enforcement of unpaid tax or VAT.

Paragraph 19A

(1)This paragraph applies if these conditions are met—

(a)the enforcement agent has power to enter the premises under paragraph 16;

(b)the enforcement agent has taken control of the goods by entering into a controlled goods agreement with the debtor;

(c)the debtor has failed to comply with any provision of the controlled goods agreement relating to the payment by the debtor of the debt;

(d)the debtor has been given notice of the intention of the enforcement agent to enter the premises to inspect the goods or to remove them for storage or sale

(e)neither paragraph 18 nor paragraph 19 applies.

(2)For the purposes of a notice under sub-paragraph (1)(d), regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain;

(d)how it must be given;

(e)who must give it.

(3)The enforcement agent must keep a record of the time when a notice under sub-paragraph (1)(d) is given.

(4)If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.

(5)The order may be subject to conditions

Paragraph 20

Application for power to use reasonable force

(1)This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.

(2)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

Paragraph 21

(1)This paragraph applies if an enforcement agent is applying for power to enter premises under a warrant under paragraph 15.

(2)If the enforcement agent applies to the court it may include in the warrant provision authorising him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

Paragraph 22

(1)The court may not issue a warrant under paragraph 20 or include provision under paragraph 21 unless it is satisfied that prescribed conditions are met.

(2)A warrant under paragraph 20 or provision included under paragraph 21 may require any constable to assist the enforcement agent to execute the warrant.

Paragraph 23

Other provisions about powers of entry

Paragraphs 24 to 30 apply where an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.

Paragraph 24

(1)The power to enter and any power to use force are subject to any restriction imposed by or under regulations.

(2)A power to use force does not include power to use force against persons

Paragraph 25

(1)The enforcement agent may enter and remain on the premises only within prescribed times of day.

(2)Regulations may give the court power in prescribed circumstances to authorise him to enter or remain on the premises at other times.

(3)The authorisation—

(a)may be by order or in a warrant under paragraph 15;

(b)may be subject to conditions.

Paragraph 26

(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—

(a)his identity, and

(b)his authority to enter the premises.

(2)The request may be made before the enforcement agent enters the premises or while he is there.

Paragraph 27

(1)The enforcement agent may take other people onto the premises.

(2)They may assist him in exercising any power, including a power to use force.

(3)They must not remain on the premises without the enforcement agent.

(4)The enforcement agent may take any equipment onto the premises.

(5)He may leave equipment on the premises if he leaves controlled goods there.

Paragraph 28

(1)After entering the premises the enforcement agent must provide a notice for the debtor giving information about what the enforcement agent is doing.

(2)Regulations must state—.

(a)the form of the notice;

(b)what information it must give.

(3)Regulations may prescribe circumstances in which a notice need not be provided after re-entry to premises.

(4)If the debtor is on the premises when the enforcement agent is there, the enforcement agent must give him the notice then.

(5)If the debtor is not there, the enforcement agent must leave the notice in a conspicuous place on the premises.

(6)If the enforcement agent knows that there is someone else there or that there are other occupiers, a notice he leaves under sub-paragraph (5) must be in a sealed envelope addressed to the debtor.

Paragraph 29

If the premises are occupied by any person apart from the debtor, the enforcement agent must leave at the premises a list of any goods he takes away.

Paragraph 30

The enforcement agent must leave the premises as effectively secured as he finds them.

A noteworthy use of "reasonable force" and interpreting it as "getting a locksmith", the law allows "reasonable force" to clamp a car on the road, a situation that does not require a locksmith, however, it may be interpreted as getting a locksmith to release a car if it secured on a highway.

Paragraph 31

Goods on a highway

(1)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to take control of goods on a highway.

(2)The court may not issue a warrant unless it is satisfied that prescribed conditions are met.

(3)The warrant may require any constable to assist the enforcement agent to execute it.

(4)The power to use force is subject to any restriction imposed by or under regulations.

(5)The power to use force does not include power to use force against persons