Forcible Entry
Can an enforcement officer break in?
The usual rule is that an enforcement officer cannot force his way in for the purpose of gaining entry to the property. The saying “An Englishman’s home is his castle” comes from this fact.
This is an area where there are likely to be changes in the future allowing forcible entry to residential premises for the purpose of enforcing execution of a Writ.
Are There Currently Any Situations When Forcible Entry Is Allowed?
An Enforcement Officer is able to force entry to commercial premises for the purpose of enforcing the writ.
In respect of domestic residential premises, the Enforcement Officer may break open the outer door of the debtor’s workshop, or other building, not being his dwelling house, or connected to it.
If an Enforcement Officer has already gained entry to the debtor’s residential address as a consequence of previously being admitted by the debtor, then he may break the lock to gain access to a house to seize goods inside.
NB. This last point is open to criticism, particularly where the debtor is vulnerable ie. elderly, learning difficulties etc.
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