If you are stuck in such a situation, here is what to do.

Mr. Anand Kumar owns a flat in Bristol which he had rented out to a tenant, Ms. Aisha Sharma. Ms. Sharma’s tenancy ended about six months ago, and she moved to another city. The flat has been vacant since, as Mr. Kumar was planning some minor renovations before finding a new tenant.

Recently, while visiting the property, Mr. Kumar was approached by his neighbour, Mr. Peterson. Mr. Peterson informed him that a couple of months prior, he had witnessed two individuals, who identified themselves as enforcement agents (bailiffs), at the flat. He saw them use tools to pick the lock and gain entry into the empty property. Curious, Mr. Peterson had asked them what they were doing, and they mentioned they were there to enforce a debt against Ms. Sharma.

Mr. Kumar is now trying to identify the enforcement agency involved. He is deeply concerned about the legality of their actions, especially forcing entry into his property for a debt that does not belong to him, and when the property was clearly unoccupied. He believes the debt was likely related to an old utility bill or council tax and not a serious criminal matter that would warrant such action.

Advice in such cases

The powers of enforcement agents are strictly regulated in the UK. Forcing entry by picking a lock is a serious matter and is generally unlawful for most types of civil debt. Your first priority is to formally establish that the entry was illegal and hold the enforcement agency accountable. You must act to protect your property and rights.

Applicable Sections of Law

The conduct of enforcement agents is primarily governed by the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) and the supporting regulations, specifically the Taking Control of Goods Regulations 2013.

• Schedule 12 of the TCEA 2007 outlines the procedure for taking control of goods. Paragraph 15 of this schedule states that an enforcement agent may not enter residential premises to search for and take control of goods unless specific conditions are met.
• Forcing entry (which includes picking a lock) into a residential property is generally prohibited for most debts (e.g., council tax, parking fines, credit card debt) unless the agent has a specific warrant from a court permitting the use of force, or they have previously been granted peaceful entry and are now returning.
• Even in cases of HMRC or criminal court fines where forced entry might be permissible, there are strict procedures to follow, and it is highly unusual for them to force entry into a property they know to be empty or where the debtor no longer resides.

If you are the complainant

As the property owner and the victim of the trespass, you are the complainant. You should take the following steps:

• Identify the Agency: Your first step is to find out which enforcement agency was responsible. You may need to contact the court that issued the original debt order (if you can find this out) to ask which agency they instructed.
• Formal Complaint: Once identified, write a formal letter of complaint to the enforcement agency. Clearly state that their agents unlawfully forced entry into your property.
• Provide Proof: Include evidence that you are the owner and that the debtor, Ms. Sharma, no longer resides there. This can include a copy of your Land Registry title, a current council tax bill in your name, and a copy of the end-of-tenancy agreement with Ms. Sharma.
• State Your Demands: In your complaint, demand a full explanation, a copy of the warrant they were acting under, and compensation for any damages, such as the cost of replacing the lock. State that you consider their actions to be trespass.

If you are the victim

As the victim of an unlawful entry, your goal is to seek redress for the violation of your property rights.

• Document Everything: Keep meticulous records. Take clear photographs of the damaged lock. Get a signed, written statement from your neighbour, Mr. Peterson, detailing what he witnessed.
• Report the Damage: You can report the incident to the police as criminal damage to your lock. While they may classify it as a civil dispute, obtaining a crime reference number is valuable evidence for your complaint.
• Civil Claim: You have the right to sue the enforcement agency in the county court for trespass and damages. This would cover the cost of repairs and could also include an amount for the violation of your rights.

How the police behave in such cases

The police generally consider disputes with enforcement agents to be civil matters. They will typically not get involved unless there is a clear breach of the peace (e.g., violence or threats). If you report the incident, they may record it but are likely to advise you to seek legal advice and pursue a civil remedy against the enforcement agency. Insist on getting a crime reference number for the damage to your property, as this formalises your complaint.

FAQs people normally have

• Can bailiffs break into a property for someone else’s debt?
  No. They cannot enter your property for a debt owed by a former tenant. Once informed the debtor no longer lives there, they must cease all action at that address.
• What is considered ‘forced entry’?
  Forced entry includes breaking a door or window, picking a lock, or using a locksmith to gain entry. It is distinct from ‘peaceful entry’, such as walking through an unlocked door.
• Can I claim compensation?
  Yes, if an enforcement agent has entered your property unlawfully, you can make a formal complaint and sue them for damages, including the cost of repairs and compensation for trespass.

What evidence is required?

• Proof of your ownership of the property (Land Registry title deed).
• Evidence that the debtor has moved out (e.g., end-of-tenancy notice, council tax bill in your name).
• A detailed witness statement from your neighbour.
• Photographs of the picked or damaged lock.
• A receipt from a locksmith for the repair or replacement of the lock.
• Copies of all letters and emails sent to and received from the enforcement agency.

How long will the investigation take?

A formal complaint to the enforcement agency should receive a final response within 28 days, according to industry standards. If you are not satisfied with their response, you can escalate the complaint to an organisation like the Civil Enforcement Association (CIVEA) or the court that issued the warrant. A civil claim for damages in court can take several months to conclude.

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Advocate Sudhir Rao, Supreme Court of India