Taking control of goods—the schedule 12 TCG procedure
Produced in partnership with Victoria Jones of Freeths
Taking control of goods—the schedule 12 TCG procedure

The following Dispute Resolution practice note produced in partnership with Victoria Jones of Freeths provides comprehensive and up to date legal information covering:

  • Taking control of goods—the schedule 12 TCG procedure
  • What is the taking control of goods procedure used for?
  • Requirement to give notice
  • When do goods become bound to the enforcement agent?
  • Entry, re-entry and reasonable use of force
  • What goods may be taken?
  • Methods of taking control of goods
  • After taking control of goods
  • Sale of goods
  • What if the debtor pays the amount outstanding?
  • More...

Taking control of goods—the schedule 12 TCG procedure

This Practice Note sets out the procedure provided for in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 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 commercial rent arrears recovery (CRAR).

Note: This Practice Note does not cover the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020, SI 2020/451 or the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (No. 2) (Coronavirus) Regulations 2020, SI 2020/614. Due to the coronavirus pandemic, these regulations make amendments to the Taking Control of Goods Regulations 2013, SI 2013/1894 (including in relation to CRAR) and the Certification of Enforcement Agents Regulations 2014, SI 2014/421. For further guidance, see: Taking control of goods—legislative framework under TCEA 2007, Part 3—Coronavirus (COVID-19)—changes to the Taking Control of Goods Regulations and the Certification of Enforcement Agents Regulations.

What is the taking control of goods procedure used for?

Schedule 12 of Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) interlinks with Part 3 of TCEA 2007 and sets

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