Tribunals, Courts and Enforcement Act 2007—domestic enforcement (Part 3)
Tribunals, Courts and Enforcement Act 2007—domestic enforcement (Part 3)

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

  • Tribunals, Courts and Enforcement Act 2007—domestic enforcement (Part 3)
  • What does the Tribunals, Courts and Enforcement Act 2007 cover?
  • Enforcement—taking control of goods
  • Recovering commercial rent arrears (CRAR)
  • Common law rules replaced

What does the Tribunals, Courts and Enforcement Act 2007 cover?

In relation to the enforcement of domestic judgments it is Parts 3 and 4 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) which are of relevance:

  1. Part 3: Enforcement by Taking Control of Goods:

    1. Chapter 1 of this Part unified the existing provisions contained in RSC Orders 46-47 and CCR Order 26 concerning the seizure and sale of a judgment debtor’s goods in order to satisfy a judgment debt. It came into force with effect from 6 April 2014. There is now one unified procedure, taking control of goods (TCG) which is contained in TCEA 2007, sch 12 and related regulations (principally The Taking Control of Goods Regulations 2013, SI 2013/1894 and The Taking Control of Goods (Fees) Regulations 2014, SI 2014/1). The Taking Control of Goods (TCG) procedure (see: Taking control of the debtor's goods—overview) replaced the old regime of writs of fi fa and warrants of execution.

    2. Chapter 2 of this Part introduced a new regime for landlords seeking to recover commercial rent arrears, the regime known as CRAR. This also came into force on 6 April 2014, see Practice Note: Commercial rent arrears recovery (CRAR)

  2. Part 4: Enforcement of Judgments and Orders:

    This Part would have involved significant changes to the enforcement