Explanatory Notes

Tribunals, Courts and Enforcement Act 2007

2007 CHAPTER 15

19th July 2007

Part 3: Enforcement by Taking Control of Goods

Summary

319.Part 3 of the Act unifies the law governing the activities of enforcement agents when taking control of and selling goods, and requires such agents (with certain exceptions) to hold a valid certificate issued by a county court. It also modernises and unifies most of the terminology used in various pieces of legislation where the new unified procedure will apply.

320.Part 3 also abolishes the common law right to distrain for rent arrears and replaces it with a new, more limited right and a modified ‘out of court’ regime for recovering rent arrears due under a lease of commercial premises.