Can bailiffs take things that are not mine?

No. Bailiffs can only take goods that belong to the person who owes the debt. But they may assume things in your home are yours unless you show otherwise, so it helps to know how to prove it.

In short

  • Bailiffs can only take goods belonging to the person who owes the council tax.
  • Goods belonging to a partner, parents, flatmates or children cannot be taken for your debt.
  • Jointly owned goods can be taken, but the other owner must be paid their share from the sale.
  • If something of yours is taken wrongly, the owner can make a formal claim to get it back.
  • Keep receipts and paperwork, and tell the bailiff straight away if something is not yours.

Only the debtor’s goods

Bailiffs, officially enforcement agents, can only take control of goods that belong to the person named on the debt. If the council tax is in your name, they cannot take things that belong to:

  • Your partner, unless the council tax bill is in both your names
  • Your parents, if you live with them
  • Flatmates or lodgers
  • Your children
  • A landlord, such as furniture in a furnished let
  • A finance company, for anything on hire purchase

If you live with your parents

If you live in your parents’ home and the council tax debt is yours, for example from a previous address, bailiffs can only take things that belong to you. Your parents’ furniture, TV and car cannot be taken for your debt.

But bailiffs may not know what is whose. They may assume goods in the home belong to the person they are looking for, unless shown otherwise.

If the bill is in joint names

Council tax is often owed by more than one person, such as a couple who both live in the home. If you are jointly liable, the liability order can be against both of you, and goods belonging to either of you can be taken.

Jointly owned goods

If you own something jointly with someone who does not owe the debt, bailiffs can still take control of it. But if it is sold, the other owner must be paid their share of the proceeds. They should be told about the sale.

Proving something is not yours

Tell the bailiff straight away if something belongs to someone else, and back it up with evidence, for example:

  • Receipts or bank statements showing who paid for it
  • Finance or rental agreements
  • Gift messages or cards, for things bought for children
  • For cars, the finance agreement or proof of purchase. The V5C logbook shows the registered keeper, which is not always the owner

Can bailiffs come into my home for someone else’s debt?

Only if they are collecting from someone who lives there, and only by peaceful entry. For council tax, they cannot force their way in on a first visit. If the person they are looking for does not live with you, tell them in writing, with proof of where that person lives now.

Can they come in when I am not there?

Only if a door is unlocked, or someone lets them in. They cannot force their way in for council tax. See can bailiffs force entry.

If something is taken wrongly

If goods that do not belong to the debtor are taken, the owner can:

  1. Write to the bailiff firm straight away, with proof of ownership, and ask for the goods to be returned.
  2. Make a formal claim to the goods through the court, called an interpleader or third-party claim, if the firm does not return them. This must be done quickly, before the goods are sold.

See what bailiffs can and cannot take.

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