Freeths

This Practice Note summarises the basis of an enforcement agent’s authority to enter premises to take control of goods to sell them to discharge a judgment debt or recover commercial rent arrears under the taking control of goods procedure and when reasonable force can be used to enter or to do anything for which entry is authorised, with reference to the Tribunals, Courts and Enforcement Act 2007.

This Practice Note sets out the detail of the procedure relating to the taking control of goods either to satisfy commercial rent arrears under the CRAR procedure or to enforce a judgment debt following the issue of a writ or warrant of control. These provisions came into force in April 2014.

This Practice Note sets out the procedure provided for in the Tribunals, Courts and Enforcement Act 2007, schedule 12 for the taking control of goods in order to satisfy a judgment debt (the ‘TCG’ procedure as it may become known) which replaced the old writ of fieri facias and warrants of execution. The schedule 12 procedure also replaced the old common law remedy of distress for rent when seeking to recover commercial rent arrears and is now known as CRAR (Commercial Rent Arrears Recovery).

This Practice Note covers the various situations that a developer may encounter when looking at a potential development site. It considers the types of occupiers and interests that might be in place, from commercial leases with protection of Part II of the Landlord and Tenant Act 1954, to long-term residents, licensees and telecoms operators, and how those interests may be terminated and vacant possession recovered. As timing is critical to redevelopment, the Practice Note also explains the timing of serving notices including section 25 notices and break notices and taking action to recover possession, and the importance of ensuring that the developer deals with all the interests on the site, not just the immediate subject.