What Can Bailiffs Take & What They Cannot Take

In short

Basic household items are protected by law: cooker, fridge, washing machine, beds, a table and chairs, clothes, heating and lighting.
Tools and equipment you need for work or study are protected up to £1,350 in total.
Goods that are not yours, including anything on finance, cannot be taken. The owner may need to prove it.
In practice, the belonging most at risk is a car.

Enforcement agents can only take goods that belong to the person who owes the debt, and never goods that the law protects. The protected list is set out in regulation 4 of the Taking Control of Goods Regulations 2013, and it has not changed since 2014.

Can they take it? For a council tax debt in England and Wales. Details below.

Cooker or microwave Cannot be taken
Fridge Cannot be taken
Washing machine Cannot be taken
Beds and bedding Enough for everyone in the household Cannot be taken
A dining table and chairs Enough to seat everyone in the household Cannot be taken
Clothes Cannot be taken
Heating and lighting Cannot be taken
A phone One landline, or one mobile or internet device if you have no landline Cannot be taken
Medical and care equipment Cannot be taken
Pets and assistance dogs Cannot be taken
Tools and equipment for work or study Protected up to £1,350 in total It depends
A car with a Blue Badge used for a disabled person Cannot be taken
Anything on hire purchase or finance It is not yours until the last payment Cannot be taken
A partner's, lodger's or child's belongings The owner may need to prove it Cannot be taken
A car that belongs to you Can be taken
Television, games console, speakers Can be taken
Laptop or tablet Protected if needed for work or study, within the £1,350 It depends
Jewellery and watches Can be taken
Antiques and non-essential furniture Can be taken
Cash Can be taken

Goods protected by law

Things you need for everyday living

Agents 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 lists items that are always included:

a cooker or microwave
a fridge
a washing machine
a dining table and enough chairs to seat everyone in the household
beds and bedding for everyone in the household
one landline phone, or if there is no landline, one mobile phone or other device for getting online
medical equipment, and anything needed for safety in the home
heating and lighting appliances
equipment needed to care for a child, a disabled person or an older person

The list is “including but not limited to”, so other genuinely essential items can be protected too.

Tools of the trade

Items you personally need for your work, business, trade, profession, study or education are protected, such as tools, books, a phone, computer equipment or a vehicle. The protection has a limit: £1,350 in total across everything claimed.

The limit is for all the items together, not for each one.
If one item on its own, such as a van, is worth more than £1,350, the exemption does not protect it.
It covers items you need yourself. Equipment belonging to a limited company is the company’s, not yours, and cannot be taken for your personal debt at all.

Animals

Assistance dogs, including guide dogs and hearing dogs, sheepdogs, guard dogs and pets are all protected.

Vehicles that are protected

a vehicle displaying a valid Blue Badge and used to carry a disabled person
a vehicle used for police, fire or ambulance purposes
a vehicle displaying a valid medical or health emergency badge, such as a BMA badge

Your home itself

If the place you live in is itself a “good”, such as a caravan or houseboat that is your only or main home, it cannot be taken.

Goods that are not yours

Agents can only take goods that belong to the debtor, the person the liability order is against. They cannot lawfully take:

a partner’s, housemate’s or lodger’s belongings
a child’s belongings
goods on hire purchase, conditional sale, lease or rental, because you do not own them until the final payment
goods belonging to a limited company, which is a separate legal person

In practice, an agent may list an item anyway and leave it to you to prove it is not yours. So prove it, quickly, in writing.

Joint ownership

If an item is genuinely jointly owned with someone who does not owe the debt, it can still be taken. But if it is sold, the other owner must be paid their share of the sale money first. That is a poor outcome for everyone, which is one reason agents rarely pursue jointly owned household goods.

How to make a third-party claim

If goods belonging to someone else have been listed or taken, the owner, not you, should write to the enforcement firm as soon as possible, saying:

which items are theirs
that they own them, and the debtor does not
what evidence they have

Good evidence includes a receipt or invoice in the owner’s name, a finance or hire purchase agreement, a bank or card statement showing the purchase, a V5C for a vehicle, or an insurance policy listing the item.

Send it in a way that gives proof of delivery, and copy it to the council. If the firm will not accept the claim, the owner can apply to the court to decide. Goods should not be sold while a genuine claim is being dealt with.

Vehicles in detail

Vehicles are the belongings most often taken in council tax cases, because they are outside, easy to identify from the number plate, and worth something.

An agent can clamp a vehicle that belongs to you, on your drive or on the street.
They must leave a warning notice, and must wait at least 2 hours after clamping before towing it away.
A vehicle in a locked garage is protected in the same way as goods inside your home.
A vehicle on finance is not yours. Send the agreement to the firm straight away.

If your car is clamped, act the same day. See bailiff rights and powers for more.

What actually happens

Very few council tax cases end with household goods being taken away and sold. Removal is expensive, second-hand household items fetch very little at auction, and the process is slow. Most goods are taken control of by a controlled goods agreement and stay in your home.

Vehicles are the real risk. If you own a car and enforcement agents have your account, deal with it early.

If goods have already been taken

Goods cannot be sold until at least 7 clear days after they were removed, and you must be given at least 7 clear days’ notice of the sale. Use that time.

Contact the firm immediately to agree payment and get the goods back.
Contact your council at the same time and ask it to take the account back.
If anything taken was protected, or belonged to someone else, say so in writing at once.

A sale can be stopped, but not once it has happened. Any money left over after a sale, once the debt, fees and costs are paid, must be paid to you.

Questions people often ask

Can bailiffs take my television?

Yes, a television is not on the protected list. But in practice most household goods are never removed, because they are worth little at auction.

Can they take my child’s laptop?

Not if it belongs to your child. Only the debtor’s own goods can be taken. You may need to show that it is theirs, for example with a receipt or a record of it being bought as a gift.

Can they take my car if it is on finance?

No. It belongs to the finance company until the last payment. Send the agreement to the firm in writing.

I am self-employed. Can they take my tools?

Tools and equipment you personally need for your work are protected up to £1,350 in total. Anything above that can be taken.

Can they take my pet?

No. Pets and assistance dogs are protected by law.

Can bailiffs take my sofa?

A sofa is not on the protected list, which names beds, a table and chairs, and kitchen appliances. So in principle it can be taken. In practice, second-hand furniture sells for very little at auction, and it is rarely removed.

Can they take my clothes?

No. Clothing is protected.

What can they take if I live with my parents?

Only things that belong to you. Your parents’ belongings cannot be taken for your council tax. See goods that are not yours.

Can they take my car?

Only if it belongs to you and is not protected. Cars on finance, Motability cars, and cars displaying a valid blue badge cannot be taken. See can bailiffs take my car.

What happens if there is nothing they can take?

The case usually goes back to your council, which has other ways to collect. See what happens if bailiffs have nothing to take.

Questions people ask