The Taking Control of Goods (Miscellaneous Amendments) Regulations 2026

Published: Thu 26th Mar 26

These regulations amend the procedures for enforcement agents taking control of goods in England and Wales to increase debtor protections and adjust recovery fees.

They direct that the standard notice period given to a debtor before goods are seized must increase from 7 to 14 days, and allow for an extension to 28 days if a debt advice provider makes a request on the debtor's behalf.

The measure also restricts High Court enforcement agents from escalating to certain fee stages if they have not established contact, while simultaneously raising the fixed fees and value thresholds for enforcement actions.

These rules apply to enforcement agents, debt advice providers, and individual and business debtors, except those with non-eligible business debts.

Arguments For

The regulations state that extending the minimum notice period from 7 to 14 days provides debtors with more time to settle debts before goods are seized.
Proponents argue that allowing debt advice providers to request a 28-day extension protects vulnerable individuals by ensuring they have time to seek professional financial guidance.
The document indicates that preventing High Court enforcement agents from moving to the second stage without a second contact attempt reduces unnecessary fee escalation for debtors who are willing to pay.
The Lord Chancellor asserts that the updated fee levels and thresholds in the schedules are necessary to reflect the current costs of enforcement-related services.

Arguments Against

Legal scholars may note that the 28-day extension is expressly denied for "non-eligible business debt," which could create a disparity in protections between individual consumers and small business owners.
Creditor groups might argue that doubling the standard notice period to 14 days delays the recovery of debts and gives debtors more time to hide or dispose of assets.
Enforcement agencies may express concern that the prohibition on proceeding to the second enforcement stage after a single failed contact attempt increases operational costs that are not fully offset by the new fee structure.
Implementation difficulties may arise from the requirement for enforcement agents to provide specific contact details for free debt advice providers, as the availability and capacity of these providers may vary by region.

Citation, commencement, extent and saving provision

-(1) These Regulations may be cited as the Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 and come into force on 1st May 2026.

(2) These Regulations extend to England and Wales.
(3) Nothing in these Regulations affects any enforcement action taken prior to the coming into force of these Regulations.

This section establishes the official name of the regulations and sets the commencement date for all provisions as 1 May 2026.

It limits the geographical application of the rules to England and Wales.

A saving provision is included to ensure that any enforcement proceedings already underway before May 2026 are not legally invalidated or altered by these new requirements.

Amendments to the Taking Control of Goods Regulations 2013

-(1) The Taking Control of Goods Regulations 2013 are amended as follows.

(2) In regulation 2 (general interpretation)-

(a) after the definition of 'creditor' insert-

''debt advice provider' has the meaning given in regulation 3 of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020;';

(b) after the definition of 'non-eligible business debt' insert-

''non-eligible business debt' has the meaning given in regulation 5(6)(d) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020;'.

(3) In regulation 6 (minimum period of notice)-

(a) In paragraph (1)-
(i) for 'paragraph (3)' substitute 'paragraphs (1A) and (3)', and
(ii) for '7 clear days' substitute '14 clear days'.
(b) After paragraph (1) insert-

'(1A) Where, before the expiration of the period of notice indicated in the notice of enforcement, a request is submitted by a debt advice provider on behalf of the debtor, the minimum period of notice referred to in paragraph (1) must be extended to a minimum of 28 clear days before the enforcement agent takes control of the goods.

(1B) The extension under paragraph (1A) does not apply where the debt is non-eligible business debt.'.

(c) In paragraph (2), for 'paragraph (1)' substitute 'paragraph (1) or (1A)'.
(d) In paragraph (3), after 'period of notice' insert 'than those set out in paragraphs (1) and (1A)'.

(4) In regulation 7 (form and contents of notice)-

(a) at the end of paragraph (g) omit 'and';
(b) after paragraph (h) insert-
'(i) the availability of free advice from a debt advice provider and the contact details for such providers; and
(j) the possibility of obtaining an extension of the minimum notice period under regulation 6(1A).'.

This section modifies the 2013 Regulations by doubling the minimum notice period bailiffs must give debtors from 7 to 14 days.

It authorizes a further extension to 28 days if a recognized debt advisor intervenes, provided the debt is not a business-related exclusion.

Additionally, it mandates that all enforcement notices must now explicitly inform debtors about free advice services and their right to request a time extension.

Amendments to the Taking Control of Goods (Fees) Regulations 2014

-(1) The Taking Control of Goods (Fees) Regulations 2014 are amended as follows.

(2) In regulation 2 (interpretation), after the definition of 'proceeds' insert-

''repayment arrangement' has the meaning given by regulation 9(2) of the Taking Control of Goods Regulations 2013;'.

(3) In regulation 4(5) (recovery of fees for enforcement-related services from the debtor)-

(a) before sub-paragraph (a) insert-
'(aa) Where no initial contact is established during the first attendance at the premises, the enforcement agent will not proceed to the second enforcement stage until the debtor has been given another opportunity to make payment in full or enter into a repayment arrangement or a controlled goods agreement;
(ab) Sub-paragraph (aa) does not prevent the recovery of the fee provided for the first enforcement stage nor does it prohibit advancement to the second enforcement stage-
(i) if no contact is established during a subsequent visit, or
(ii ) if contact is later made but the debtor does not make payment in full or enter into a repayment arrangement or a controlled goods agreement;'.
(b) In sub-paragraph (a)-
(i) at the beginning, after 'Where' insert 'the debtor makes payment in full or';
(ii) before 'a controlled goods agreement' insert 'a repayment arrangement or'.
(c) In sub-paragraph (b), in each place it occurs, before 'a controlled goods agreement' insert 'a repayment arrangement or'.

(4) In regulation 6(1) (stages of enforcement for which fees may be recovered - enforcement of High Court writs)-

(a) in sub-paragraph (b)-
(i) at the beginning, after 'where' insert 'the debtor makes payment in full or';
(ii) before 'a controlled goods agreement' insert 'a repayment arrangement or';
(iii) for 'the agreement' substitute 'payment in full is made or the repayment arrangement or controlled goods agreement';
(b) in sub-paragraph (c)-
(i) in each place it occurs, before 'a controlled goods agreement' insert 'a repayment arrangement or';
(ii) in paragraph (i), at the beginning, after 'where' insert 'payment in full is not made or';
(iii) in paragraph (ii)-
(aa) for 'breaches that agreement' substitute 'breaches that arrangement or agreement', and
(bb) for 'breaches the agreement' substitute 'breaches the arrangement or agreement'.

(5) In regulation 7 (calculation of fees by reference to value of sum sought to be recovered)-

(a) in paragraph (a), for '£1500' substitute '£1900', and
(b) in paragraph (b), for '£1000' substitute '£1200'.

(6) In the Schedule (fees recoverable under regulation 4)-

(a) For Table 1 (Enforcement other than under a High Court Writ) substitute-

' Table 1

Enforcement other than under a High Court Writ

| Fee Stage | Fixed Fee | Percentage fee (regulation 7): percentage of sum to be recovered exceeding £1900 | |---|---|---| | Compliance stage | £79.00 | 0% | | Enforcement stage | £247.00 | 7.5% | | Sale or disposal stage | £116.00 | 7.5% |

' Table 2

Enforcement under a High Court Writ

| Fee Stage | Fixed Fee | Percentage fee (regulation 7): percentage of sum to be recovered exceeding £1200 | |---|---|---| | Compliance stage | £79.00 | 0% | | First enforcement stage | £200.00 | 7.5% | | Second enforcement stage | £520.00 | 0% | | Sale or disposal stage | £550.00 | 7.5% |

This section updates the fee structure and procedural stages for debt enforcement.

It prohibits agents from charging High Court second-stage fees if they fail to make contact on the first visit without giving the debtor another chance to pay.

It also raises the fixed fees for various stages of enforcement and increases the debt thresholds (to £1,900 for most debts and £1,200 for High Court writs) above which agents can charge an additional 7.5% percentage fee.

Amendment to the Certification of Enforcement Agents Regulations 2014

-(1) The Certification of Enforcement Agents Regulations 2014 are amended as follows.

(2) In the Schedule, for the form headed 'Notice of Enforcement' substitute the form in the Schedule to these Regulations.

Schedule

Notice of enforcement

[The Schedule contains a new statutory template for the 'Notice of Enforcement' including updated text regarding the 14-day and 28-day notice periods and links to debt advice.]

This section mandates the use of a new, standardized 'Notice of Enforcement' form that reflects the legal changes made in the previous sections.

The new form includes mandatory fields for debt advice contact information and updated instructions to the debtor regarding the new 14-day response window.

Enforcement agents must use this specific format to ensure the notice is legally valid.

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