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England

Eviction by bailiffs after repossession

Bailiffs evict you when your property is repossessed.

They give the property back to your lender.

This means that you and anyone who lives in your property has to leave.

Mortgage lenders usually use county court bailiffs.

Some lenders use high court enforcement officers (HCEOs). These are private bailiffs.

You can:

When your lender can ask for bailiff eviction

Eviction is the last stage of mortgage repossession.

Your lender can ask bailiffs to evict you if:

  • the court makes an outright order and the date for possession has passed

  • you break the terms of your suspended possession order

What your lender must do

They must:

  • apply for an eviction warrant from the court

  • give evidence if you broke the terms of your suspended order

There is not usually a court hearing.

Your lender must send a notice to your home to say they've applied for a bailiff's warrant.

The notice might be addressed to the tenant or the occupier.

You could be evicted 14 days after this notice unless you take action.

Find out how to stop an eviction after a repossession hearing.

When you get an eviction date

You get another letter with the eviction date.

You get 14 days' notice of eviction from the bailiffs or HCEOs.

The notice tells you:

  • the time and date of the eviction

  • what you can do

  • contact details for the bailiffs and your lender's solicitor

What happens when an eviction takes place

Usually the bailiffs come with a locksmith and someone who represents your lender.

The bailiffs show you ID and and ask you to leave.

The locksmith changes the locks after you leave.

The bailiffs give the keys to the lender's representative.

How bailiffs should behave

Bailiffs must act reasonably.

They are not allowed to:

  • use violence, or threaten or harass you or other people in your home

  • damage your belongings

  • use offensive language

They can force entry if you do not go but they should give you time to leave.

Your belongings

Sort out the removal and storage of your furniture and belongings before the eviction.

Your belongings are locked inside the property if you do not take them.  

The lender usually writes to ask you to collect your belongings by a set date.

They could dispose of your belongings if you do not collect them by that date.

Ask your council if they can help with storage if you're homeless. They sometimes charge for storage.

If you're a tenant in the property

Find out if you can stop or delay being evicted if your landlord does not pay their mortgage.


Last updated: 20 January 2025