Taking Control of Goods Regulations 2013: Bailiff Powers and Rules

If you have applied for a Warrant of Control or your judgment has been enforced via a High Court Writ of Control, the bailiff or enforcement officer attending the debtor's premises operates under strict statutory rules. The Taking Control of Goods Regulations 2013 and Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 set out exactly what they can and cannot do. Knowing these rules helps you assess whether goods-based enforcement is realistic for your particular debtor.

The notice requirement

Before any visit, the enforcement agent must send a Notice of Enforcement giving the debtor at least seven clear days' notice (Regulation 6 of the TCGR 2013). Sundays and bank holidays do not count as clear days. Many debtors pay at this stage — the notice itself is enough to prompt settlement, particularly when it comes from a High Court Enforcement Officer.

If the debtor does not pay within the notice period, the enforcement agent can attend in person.

Entry powers and visiting hours

Enforcement visits must take place between 06:00 and 21:00 on any day of the week (Regulation 13). The exception: commercial premises that operate outside these hours can be visited during their trading hours.

On a first visit to a residential address, the enforcement agent cannot force entry. Entry must be peaceable — through a door the debtor or another occupant opens, or through an unlocked door. The agent cannot climb through windows, break locks or use physical force to gain access on a first visit.

Forced entry is only allowed in limited circumstances: when executing a commercial writ with specific court authorisation, or when re-entering premises to seize goods after the debtor has breached a Controlled Goods Agreement.

What happens during the visit

If the agent gains entry and the debtor cannot pay, the typical outcome is a Controlled Goods Agreement (CGA). This is a written agreement listing the goods the agent has identified and taken control of. The debtor signs it and keeps possession of the goods, but agrees not to sell, remove or damage them. In return, the debtor gets time to pay — often by instalments.

If the debtor breaches the CGA (misses a payment, sells or hides the goods), the enforcement agent can return and physically remove the goods for sale at auction. At this point, forced entry to the premises is permitted.

If no CGA is agreed, the agent can remove goods immediately for auction — but only goods that are not exempt.

Exempt goods

The regulations protect certain categories from seizure:

Essential household items: Clothing, bedding, cookers, microwaves, refrigerators, washing machines, dining tables and chairs — anything required for basic domestic needs. An enforcement agent cannot strip a household of the items needed for daily living.

Tools of the trade: Vehicles, tools and equipment necessary for the debtor's personal employment or business, up to an aggregate value of £1,350. A self-employed plumber's van and tools are protected up to that cap.

Medical equipment: Any equipment required for the care of a disabled person in the household.

Third-party goods: Items that belong to someone other than the debtor — a flatmate's television, a leased photocopier, a vehicle on hire purchase. If a third party claims ownership of seized goods, they can bring interpleader proceedings under CPR Part 85.

What this means for creditors

The exempt goods list is substantial. If the debtor lives in rented accommodation with second-hand furniture and no high-value possessions, a Warrant of Control may produce nothing beyond the debtor's attention. The enforcement agent attends, finds nothing worth seizing, and returns the warrant marked "no goods" — leaving the creditor out of pocket for the court fee (£96 or £82 writ-sealing fee) and any unrecovered enforcement fees, including the £79 compliance fee.

This is why pre-enforcement asset investigation matters. Filing an Order to Obtain Information (Form N316) costs £69 and gives you a sworn picture of the debtor's assets before you commit to goods-based enforcement. If the debtor's assets are exempt or negligible, a different enforcement method — attachment of earnings or a third-party debt order — may be more effective.

The CCJ enforcement guide covers each enforcement method alongside the asset types that make it effective, so you match your approach to what the debtor actually has rather than spending court fees on a bailiff visit that returns empty.

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