Residential enforcement and CRAR update

By David Asker on

On 19th June, the Government passed the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (No. 2) (Coronavirus) Regulations 2020.

New streamlined procedures that make it easier for landlords to use a High Court Enforcement Officer (HCEO) to evict residential tenants came into force on 23rd August 2020.

Read the full details here

The Statutory Instrument amends regulations 10, 23 and 52 of The Taking Control of Goods Regulations 2013.

Taking control of goods at residential premises

The amendments to regulations 10 and 23 of Taking Control of Goods Regulations (TCG) 2013 prescribe that the emergency period that applies to restrictions on the taking control of goods by enforcement agents will end on 23 August 2020.

Provided no other amendments are made, the end of these restrictions will mean that enforcement visits to residential property will recommence from 24th August. Enforcement agents will also be permitted to take control of goods on the highway from the same date.

The stay on residential possession proceedings is also due to end on 23rd August 2020.

Transferring your judgment to the High Court

You can instruct us online or via the client portal. We continue to make the applications to the courts for writs of control and are currently receiving sealed writs back within 48 hours.

On receipt of the writ, we are issuing Notices of Enforcement in accordance with the Taking Control of Goods Regulations 2013.

Once the notice period has expired, we will make an enforcement visit to a commercial premises and from the 24th August to residential addresses.

Taking control of goods at commercial premises

Enforcement visits to commercial premises to take control of goods are currently being undertaken by The Sheriffs Office in accordance with Government guidelines and the Best Practice issued by the High Court Enforcement Officers Association.

Post-lockdown enforcement

The Sheriffs Office will be following Government guidelines and the post-lockdown enforcement plan set out by the High Court Enforcement Officers Association.

CRAR

An amendment to Regulation 52 of TCG 2013 extends the protection for commercial tenants from the use of the Commercial Rent Arrears Recovery (CRAR) process during the Covid-19 period, by increasing the amount of rent that must be due from an amount equal to 90 days of rent to 189 days.

David Asker

David is an authorised High Court Enforcement Officer and our Director of Corporate Governance