Bailiffs can take non-essential goods you own, alone or jointly, but not essential household items, work tools up to £1,350, pets or other people’s things.
See your optionsBailiffs (enforcement agents) can take goods that belong to you, either on your own or jointly with someone else, and sell them to pay your debt and their fees. They cannot take essential household items, work or study equipment worth up to £1,350 in total, pets, belongings owned only by other people, or vehicles displaying a valid Blue Badge. This guide covers the rules in England and Wales, which are set out in the Taking Control of Goods Regulations 2013.
Knowing what is protected helps you check that an enforcement agent is acting lawfully. It also shows you what is really at risk, which is often far less than people fear.
An enforcement agent can take control of goods that belong to the person who owes the debt. This includes things you own outright and things you own jointly with a partner or someone else. Typical examples are:
Bailiffs should not take more than is needed to cover the debt and the likely costs of enforcement, unless it cannot be avoided. They should also leave you an inventory listing everything they have taken control of.
Taking control does not always mean removing things there and then. A bailiff can list goods and leave them with you under a controlled goods agreement, clamp a vehicle, or remove items to sell. For most debts they can only take things from inside your home if they have been let in peacefully. Our guide to when bailiffs can force entry explains the exceptions.
Regulation 4 of the Taking Control of Goods Regulations 2013 lists “exempt goods” that an enforcement agent must not take.
Bailiffs cannot take the clothing, bedding, furniture, household equipment and provisions that are reasonably needed for the basic domestic needs of you and everyone in your household. The law says this includes, but is not limited to:
Items you personally need for your job, business, trade, profession, study or education are protected up to a total value of £1,350. The law gives tools, books, phones, computer equipment and vehicles as examples. The £1,350 is a combined limit, not a limit per item, and it has not changed since the current rules began in April 2014. A bailiff may take work equipment above that value. This exemption does not apply to a small number of specific debts, including business rates, so check with an adviser if you run a business.
Bailiffs cannot take domestic pets, assistance dogs (such as guide dogs and hearing dogs), sheep dogs or guard dogs. Animals kept as a business, such as livestock, may not be covered by this exemption.
Some vehicles are exempt: vehicles displaying a valid Blue Badge because they are used to carry a disabled person, vehicles used for police, fire or ambulance purposes, and vehicles showing a valid health emergency badge. Citizens Advice also says bailiffs cannot take a Motability vehicle (Motability cars are leased, not owned by the driver) or a vehicle that is your home, such as a campervan you live in.
Bailiffs can only take goods that belong to the person who owes the debt. They cannot take things owned only by a partner, flatmate, lodger, parent or your children. This is one of the most common areas of dispute, so it is covered in more detail below.
| Bailiffs can usually take | Bailiffs cannot take |
|---|---|
| TVs, games consoles and electronics not needed for work or study | Cooker or microwave, fridge and washing machine |
| Jewellery, watches and other valuables | Beds, bedding and clothing for your household |
| A car, van or motorbike you own | A vehicle with a valid Blue Badge, a Motability vehicle, or a vehicle you live in |
| Work equipment worth more than £1,350 in total | Work or study equipment up to £1,350 in total |
| Goods you own jointly with someone else | Goods owned only by another person, including your children |
| Non-essential furniture and duplicate items | A dining table and enough chairs for your household |
| Business stock and equipment (for business debts) | Pets, assistance dogs, sheep dogs and guard dogs |
| Items you own outright that are not exempt | Medical, safety and care equipment, and basic heating and lighting |
Yes, a vehicle you own can be taken unless it is exempt. Bailiffs can clamp a car parked on a public road, in a car park, on the driveway of your home, or at your business premises. They can use number-plate checks to find vehicles registered to you. They cannot normally take a car from someone else’s private land without a court order.
After clamping, the bailiff must leave a warning notice and wait at least two hours before removing the vehicle. You can stop the removal by paying or by agreeing a controlled goods agreement. Removing a clamp yourself or moving a clamped car is a criminal offence.
If your car is on hire purchase, conditional sale or a PCP deal and you have not made the final payment, the finance company usually still owns it. That generally means bailiffs cannot take it for your debt. Citizens Advice notes that the law here is complicated and bailiffs sometimes argue otherwise, so keep your finance agreement to hand and show it to them. Citizens Advice has more on protecting your vehicle.
Jointly owned goods can be taken, even if the other owner does not owe the debt. For example, a sofa or TV bought together with a partner could be taken for one partner’s debt. If jointly owned goods are sold, the other owner is entitled to be paid their share of the sale proceeds. The bailiff should give them notice.
If a bailiff lists something that does not belong to you, say so straight away and back it up with evidence. Useful proof includes:
Complain to the bailiff company and the creditor quickly. Citizens Advice recommends doing this within seven days. If goods have been removed, the real owner can make a formal claim under Part 85 of the Civil Procedure Rules. They must give the enforcement agent written notice within seven days of removal, listing the goods and the reasons for the claim. If the creditor disputes it, the owner can apply to court.
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A controlled goods agreement lets you keep the goods a bailiff has listed, as long as you keep to an agreed repayment plan. You sign the agreement and cannot sell or get rid of the listed goods while it is in place. If you miss payments, the bailiff can give you notice and come back to remove the goods. Only agree to payments you can actually afford. Work out a budget first so your offer is realistic.
Selling goods adds a sale-stage fee on top of earlier fees, so the costs can rise quickly. Our guide to bailiff fees sets out the current amounts.
A debt collection agency cannot take your belongings. To use bailiffs, a creditor must first get a county court judgment (CCJ) and then a warrant or writ to enforce it. If you have a CCJ, see our Lowell CCJ guide for what happens next.
If you are dealing with a particular firm, such as Newlyn, our guide to dealing with Newlyn bailiffs explains who they act for and how to contact them. If you have very little of value, read what happens if you have nothing for bailiffs to take.
Bailiff action is often a sign of wider money problems. Options such as a Debt Relief Order, a debt management plan, an Individual Voluntary Arrangement (IVA) or bankruptcy may help, depending on your situation. Each has pros and cons, and not every debt can be included in each one.
Usually, yes. A television is not on the list of exempt household items, so a bailiff can take control of one you own. They cannot take a TV that belongs only to someone else, such as a partner or child, if you can show proof of ownership. For most debts they also cannot come into your home to take goods unless they have been let in peacefully.
Generally not. If your car is on hire purchase, conditional sale or PCP and you have not made the final payment, the finance company usually owns it, so it is not your goods to take. Show the bailiff your finance agreement. The law can be complicated, so get free advice if a bailiff insists they can take it.
No. Bailiffs can only take goods that belong to the person who owes the debt, including goods owned jointly with someone else. Things owned only by your partner or children are protected. Show evidence such as receipts or bank statements. If goods are removed, the owner can make a formal claim within seven days under Part 85 of the Civil Procedure Rules.
No. Domestic pets are exempt goods under the Taking Control of Goods Regulations 2013. So are assistance dogs such as guide dogs and hearing dogs, sheep dogs and guard dogs. Animals kept as part of a business, such as livestock, may not be protected in the same way, so get advice if that applies to you.
Newlyn is an enforcement company, so its agents follow the same legal rules as any other bailiff in England and Wales. They can take control of non-exempt goods you own, and remove them if you do not pay or agree a plan. They cannot take exempt goods or other people’s belongings, and for most debts they cannot force their way into your home.
Tools and equipment you personally need for your job, business or studies are protected up to a combined value of £1,350. Anything above that total can be taken. The protection covers items such as tools, books, phones, computers and vehicles. It does not apply to a few specific debts, including business rates, so check your situation with an adviser.
Free, independent debt advice is also available from MoneyHelper, StepChange, National Debtline and Citizens Advice.