MoJ reforms to see bailiffs banned from using force against debtors

Bailiffs will be banned from using force against debtors and entering homes when only children are present, under a package of reforms unveiled by the Ministry of Justice.

The measures also mean:

  • Bailiffs will be banned from visiting debtors at night – they will only be allowed to enter between 6 am and 9 pm;
  • Mandatory training and a new certification process will be introduced for bailiffs;
  • The Government will legislate on a set of rules and fees detailing when a bailiff can enter a property, what goods they can take and a fee structure which will end excessive and multiple fees;
  • Vulnerable people will get assistance and advice. Bailiffs will also receive training on how to recognise them;
  • Landlords will be banned from using bailiffs to seize property for residential rent arrears without going to court.

The changes will be made by enacting parts of the Tribunals, Courts and Enforcement Act 2007 and creating new laws through the Crime and Courts Bill, which is currently progressing through Parliament.

The Ministry of Justice said there had previously been insufficient legal protection against aggressive bailiffs. Those who do not follow the rules will be barred from the industry, it added.

Justice Minister Helen Grant said: “For too long bailiffs have gone unregulated, allowing a small minority to give the industry a bad name. Too many people in debt have had the additional stress of dealing with aggressive bailiffs who often charge extortionate fees.

“These new laws will clean up the industry and ensure bailiffs play by the rules or face being prevented from practising. They will also make sure businesses and public bodies can collect their debts fairly.”

The Government’s response to the bailiff consultation can be viewed here.

The MoJ said the consultation and publication of the Government’s response was part of a coordinated programme of work across Government. This has so far included the publication of updated National Standards for Enforcement Agents; updated guidance available to the public on UK.gov; and possible planned publication of guidance on how councils should work with vulnerable people in arrears.