The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020
In order to curb commercial landlord’s enforcement rights and prevent social distancing issues on enforcement in general. The government passed further legislation in the form of the above act which came into force on 25th April 2020
No visits to residential premises or taking control on a highway
The act amended The Taking Control of Goods Regulations 2013 to prevent any enforcement at residential premises and on a highway during the emergency period as per The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 https://www.legislation.gov.uk/uksi/2020/350/made
In fact, the vast majority of enforcement had already stopped when the HCEOA, CIVEA and the CEAA advised all members to stop enforcement.
A very small amount of enforcement was apparently still being varied out and the government were concerned about social distancing so brought in the measures.
Commercial Rent Arrears Recovery (CRAR)
The act also has an effect on Commercial Rent Arrears Recovery (CRAR) the minimum amount due before enforcement can take place has been increased from 7 days to 90 days during the relevant period which currently is up to 30th June 2020.
Other effects include:
Extension to Enforcement Agents Certificates Enforcement Agents certificates have been automatically extend, for a period of six months, in cases where these are within three months of expiry, while the restrictions are in place
Time limit for taking control of goods This has been extended automatically to extend, by 12 months, the period for taking control of goods in cases where the period is within one month of expiry, while the restrictions are in place.
What enforcement options are available?
Writs of possessions against trespassers now being enforced and Commercial Premises Writs Now being visited
Commercial Premises Writs Now available
Enforcement agents may still enforce writs of control on commercial premises as long as social distancing is observed and Quality Bailiffs will now be starting to enforce these writs.
Writs of possessions against trespassers are also available to be enforced as required.
For further information please email [email protected] or telephone 0208 0902439