Notice of removal of implied right of access

By David Carter on

Since the introduction of the Taking Control of Goods Regulations on 6th April 2014, some of the content in this article may no longer be current. Please download our free eBook for full details of the current regulations governing High Court enforcement.

This summer we were filmed by the BBC for Inside Out South West. They followed us on a number of cases, including one where the defendant has subsequently issued us with a notice of removal of implied right of access, accompanied by threats of eye-wateringly high penalties for trespass.

We have occasionally come across similar notices from debtors, but not often. However, if you search through the various online groups and forums, you will find many references to this document. As with all these forums, much of the “expert” knowledge provided is flawed and based on inaccuracies.

A High Court writ gives the enforcement officer the right to remain on the judgment debtor’s premises while they are seizing the goods. And, once a walking possession agreement has been signed, the enforcement officer has the right to force entry a second time to inspect or remove the seized goods.

People do all, of course, have the right to remove the implied right of access to prevent people such as cold callers. However, they run the very real risk of committing a criminal offence if they resist or intentionally obstruct an enforcement officer executing a writ!

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