Eviction by the bailiffs
This content applies to England only.
Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland
If the court makes an outright possession order, it will set a date by which you have to move out. If you don't leave by that date, your lender or freeholder can ask the bailiffs to evict you.
Your lender can also ask the bailiffs to evict you if the court made a suspended possession order against you, but you miss one or more payments. A suspended possession order requires you to keep up with your ongoing mortgage payments as well as making regular payments towards the arrears.
Even at this stage, it may be possible to stop the eviction, but you will need specialist help.
Where can I get help?
If the court has ordered you to leave your home, get advice immediately. It may not be too late to delay the eviction, or in some circumstances to stop it altogether. This is the case right up to the day you have been informed that the eviction will take place, though you should always take action immediately.
An adviser or solicitor can help you work out your options and may be able to help you take your case back to court. They may also be able to help you find alternative accommodation if the eviction can't be stopped. Contact Shelter's dedicated homeowner helpline on 0300 3300 515 or use our directory to find face-to-face advice services in your area. .
When will the bailiffs come?
The bailiffs will either come to your home and leave a form informing you of the date and time of the eviction, or they will send you notification in the post. They may ask if any special arrangements need to be made because of your personal circumstances, for example if you need help because you:
- have children
- are elderly, or
- are disabled.
If they don't ask about this, but you think you will need help, get advice or contact the bailiffs' office at the court.
The amount of notice you get depends on your local bailiffs' office, but you should have at least a few days' notice. There are no rules about what time they can come during the day, but it will normally be within normal working hours, often in the morning.
Can I stop or delay the eviction?
It may not be too late to save your home. Depending on your circumstances, you may be able to stop or delay the bailiffs from coming to evict you. However, you have to apply to the court to do this and you will need to take action quickly.
You have to fill in a form to request a court hearing, explaining your circumstances and the reason you want the bailiffs' visit to be stopped or delayed. The court will arrange for the hearing, which might even be set for the date of the eviction itself. If the date set for the hearing is the actual day of the eviction, you should ask the court officer to inform the bailiffs’ office of this, so that you are not evicted while you are at the court hearing.
What happens if I apply to stop or delay the bailiffs?
When you fill in the form for the court hearing, you will be given a date and time for a hearing. The judge may agree to stop or delay the bailiffs if:
- you are ill or have young children, and need more time to find somewhere else to live
- your circumstances have changed (for example if you have a new job) and you are likely to be able to pay off what you owe if you are given more time
- there is a good reason why you haven't done anything to stop the eviction earlier (for example, you have been ill, or away and were not aware of the situation)
- your lender or freeholder got the possession order by fraud or didn't follow the correct procedure.
If the judge decides to stop or delay the bailiffs' visit, you should immediately contact the bailiffs' office at the court to make sure that they are aware that the eviction has been stopped or delayed.
If you need help finding alternative accommodation, contact Shelter's dedicated homeowner helpline on 0300 3300 515 or use our directory to find face-to-face advice services in your area.
What happens when the bailiffs arrive?
The bailiffs can physically remove you from your home. They can use necessary force to enter the property and can remove anyone living there.
The bailiffs have to act reasonably, and must not use unreasonable force. The locks will normally be changed to ensure you can't get back in. This will happen even if you are not in the property when the bailiffs arrive.
The bailiffs can ask the police to be present if they think you might try to stop them from getting in. The police aren't allowed to help the bailiffs with the eviction but they can attend to prevent any disturbance. The police can arrest anyone who is violent. Your lender's (or freeholder's) solicitor or estate agent will also be present at the eviction, and will then have the keys to the property.
What will happen to my belongings?
The bailiffs won't remove any of your furniture or belongings unless the court has decided they should do so. The bailiffs will usually watch while you do this yourself. If you don't remove your belongings, they will be left locked inside. You will need to make arrangements with your lender or freeholder to collect them later.
You normally have to remove everything within a short period of time, for example, two weeks. If you can't do so and don't make other arrangements, your lender or freeholder may be able to dispose of them. If you have nowhere to store your belongings it is worth contacting your local council as in certain situations they will be under a duty to assist you with this.
It may be necessary to get advice so that an adviser can speak to the council and ensure that they do help you - contact Shelter's dedicated homeowner helpline on 0300 3300 515.
Can I get back into the property after the eviction?
Apart from collecting any personal belongings that have been left in the property with your lender's agreement, it is not usually possible to get back into the property. However, the court may agree to set aside (ie cancel) the warrant for possession (the bailiffs’ warrant) and allow you to return on the basis that it was obtained by:
- fraud, or
- oppression, or
- abuse of process
It is only in certain circumstances where you can argue for a set aside on the basis of fraud, oppression or abuse of process. You should get immediate advice to find out whether it is possible to apply to set aside the warrant of possession.
Alternatively, if you did not attend the original court hearing when the possession order was made, it may be possible to apply to set aside the possession order itself, but only if you can show the court:
- you had good reason for not attending the court, and
- you have acted quickly since finding out that a possession order was made, and
- you have a reasonable prospect of success when the possession hearing is re-heard (this time with you present)
You may even be allowed to get back into the property if you can raise the money to pay off your mortgage debt soon after the eviction. You would have to apply for an injunction to stop the sale of your home while the arrangements are made.
If contracts have already been exchanged with a buyer, you can't stop the sale from going ahead.
What can I do if the bailiffs treat me unfairly?
If you believe the bailiffs have acted unreasonably, you might be able to make a complaint. This might be possible if the bailiffs:
- use violence, or threaten to do so
- harass you or other people living in the property
- threaten to arrest or detain you (unless you have assaulted the bailiff)
- use offensive language
- take away or cause damage to your belongings
- carry out the eviction when only children are in the property.
You normally have to complain to the local bailiffs' office at the court first. They should be able to explain how to do this. If you are not satisfied with the outcome, you may be able to complain to the Association of Civil Enforcement Agents if the bailiff is a member. If this is not successful, you can take the matter to court, but you will probably need help from a solicitor. Use the Community Legal Advice Directory to find one.
