Who can make an application under the Taking Control of Goods (TCG) procedures?
Who can make an application under the Taking Control of Goods (TCG) procedures?

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

  • Who can make an application under the Taking Control of Goods (TCG) procedures?
  • Making an application in relation to taking control of goods

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, set out the 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. For a summary of the relevant materials available, see Taking control of the debtor's goods—overview.

The detail of the provisions can be found in:

  1. The Taking Control of Goods Regulations 2013, SI 2013/1894

  2. The Taking Control of Goods (Fees) Regulations 2014, SI 2014/1

  3. CPR 83–86

The TCG procedure is also relevant for the recovery of commercial rent arrears under the commercial rent arrears recovery (CRAR) procedure, see Practice Note: 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

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