Myth busting around what an enforcement agent can and cannot do

By High Court Enforcement Group Ltd

25 Nov 2025

tools of the trade exemption iStock-1334858563.jpg.jpg

Not only are there many misconceptions around what an enforcement agent (EA) may or may not do when enforcing a writ of control, there are also significant powers that the EA has when enforcing a writ that are not widely understood.

Let’s take a look at busting some of these myths. There are quite a few, so we will cover them in two parts. Here is part one.

Is forcing entry permitted?

Whilst an EA cannot force entry to residential premises on the first visit, when there is a controlled goods agreement in place the EA is permitted to force entry on a subsequent visit, for example where they may be going to inspect or remove those goods if a payment arrangement is defaulted.

EAs are also permitted to force entry to wholly commercial premises.

Are there multiple possible means of entry?

The Taking Control of Goods Regulations (TCoG) 2014 changed the permitted means of entry to being any normal means of access to the property. This would include a door or a loading bay, but not a window.

Are tools of trade exempt?

Whilst there is some exemption for tools of the trade, it is not a blanket exemption. The main condition is that the tools are used exclusively by a sole trader for their business. If a works van is used by the sole trader’s spouse, for example, then it would no longer be exempt.

The other condition is that only goods to a combined value of £1,350 are exempt, however the EA may take control of any tools once that threshold has been met.

Will a stay of execution stop enforcement?

When a stay of execution is granted, perhaps because the debtor has appealed the judgment, enforcement is stopped until the appeal is either granted or rejected (in which case enforcement can recommence). A commonly held belief that simply intending to or submitting an application for a stay of execution will in itself stop enforcement is incorrect.

Can you take control of jointly owned goods?

As you would expect, goods belonging to third parties are exempt. If the EA does take control of an item that subsequently turns out to belong to a third party, there is a procedure in place for the third party to demonstrate ownership and have the goods returned to them.

However, the EA can take control of jointly owned items, for example something belonging to both adults living together in a household. In this instance, if the controlled item is subsequently sold, the debtor’s half of the proceeds is put towards satisfying the debt and enforcement fees and the other party is paid their half.

Latest news

1

Chamber chief to step down Miranda Barker

Chamber chief to step down

23 Jun 2026

2

Loom Loft makes Growth 100 list Loom Loft team

Loom Loft makes Growth 100 list

23 Jun 2026

3

Green light for Longton homes scheme Story Homes plans

Green light for Longton homes scheme

23 Jun 2026

4

£23m housing scheme to open this summer St Martins Court Lancaster

£23m housing scheme to open this summer

22 Jun 2026

5

Digital future for Preston's iconic phone boxes The phone boxes

Digital future for Preston's iconic phone boxes

22 Jun 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

How can smarter employee benefits reduce costs and improve staff retention?
Screenshot 2026-05-20 100211.png.png
LBV Hub Roundtables
25 Jun 2026

How can smarter employee benefits reduce costs and improve staff retention?

Forbes Solicitors , Preston, PR5 6AW

08:30 - 10:00

NO Rackets Required - The Ultimate Padel Party
Crowdfunder.png.png
LBV Hub Social
26 Jun 2026

NO Rackets Required - The Ultimate Padel Party

Pendle Padel Club, Nelson, BB9 5SR

16:00 - 00:00

How hackers target SMEs - and how to protect your business
Lancashire_gamesdesign_Feb26-2120.jpg.jpg
LBV Hub Seminars
02 Jul 2026

How hackers target SMEs - and how to protect your business

Engineering Innovation Centre, Preston, PR1 2XS

09:30 - 11:30

Chamber Breakfast Networking - July
LBV Hub Networking
02 Jul 2026

Chamber Breakfast Networking - July

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

The AI Lab: Marketing Multiplier
Event post 03.07.png.png
LBV Hub Seminars
03 Jul 2026

The AI Lab: Marketing Multiplier

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Chamber Summer BBQ
LBV Hub Social
09 Jul 2026

Chamber Summer BBQ

The Borough , Lancaster, LA1 1PP

17:30 - 20:00

Clubhouse Business Network sponsored by Orca Finance - July 2026
padel-networkpng.png.png
LBV Hub Networking
09 Jul 2026 - 09 Jul 2026

Clubhouse Business Network sponsored by Orca Finance - July 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Society1 Breakfast Social and Coworking Day
LBV Hub Networking
09 Jul 2026

Society1 Breakfast Social and Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Preparing for the changes to unfair dismissal
Logo.jpg.jpg
LBV Hub Seminars
15 Jul 2026

Preparing for the changes to unfair dismissal

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin