Taking control of goods—legislative framework under TCEA 2007, Part 3
Taking control of goods—legislative framework under TCEA 2007, Part 3

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Taking control of goods—legislative framework under TCEA 2007, Part 3
  • What is the taking control of goods (TCG) procedure?
  • What is the relevant legislation in respect of TCG?
  • Why was the TCG procedure introduced?
  • Coronavirus (COVID-19)—changes to the Taking Control of Goods Regulations and the Certification of Enforcement Agents Regulations
  • Other changes in relation to taking control of goods during Coronavirus (COVID-19) further to local and national lockdowns
  • Who can be an enforcement agent?
  • How do you become certified as an enforcement agent?
  • How do you complain about an enforcement agent?
  • What are the transitional provisions in relation to the regime before April 2014?

Taking control of goods—legislative framework under TCEA 2007, Part 3

What is the taking control of goods (TCG) procedure?

On 6 April 2014, Part 3 and sch 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) came into force. These provisions, together with their accompanying regulations, created a new procedure for enforcing judgment debts and recovering arrears of commercial rent by taking control of the judgment debtor's/tenant's goods and selling them to discharge the debt from the sale proceeds.

The procedure:

  1. TCG—taking control of goods replaced the old regime of writs of fieri facias and warrants of execution in respect of enforcing judgment debts

  2. CRAR—commercial rent arrears recovering replaced the old regime of distress for rent in respect of commercial rent arrears (not residential rent arrears)

For guidance on how the procedure for taking control of goods works, see Practice Notes: Taking control of goods—the schedule 12 TCG procedure, Taking control of goods—the process up until seizure of goods and Taking control of goods—process once goods are seized.

For guidance in relation to CRAR see Practice Note: Commercial rent arrears recovery (CRAR).

For guidance on other forms of judgment debt enforcement, such as charging orders and attachment of earnings, see: Introduction to enforcement—overview.

What is the relevant legislation in respect of TCG?

The relevant legislation for these processes are:

  1. TCEA 2007, ss 62–70—enforcement by taking control of goods

  2. TCEA 2007,

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