Enforcement attendance
An enforcement agent attends the demised commercial premises under a valid CRAR instruction and assesses the available goods.
CRAR guidance · England and Wales
Controlled Goods Agreements in CRAR
A Controlled Goods Agreement records goods taken under control while normally allowing them to remain at the commercial premises. It can support a structured repayment arrangement without immediate removal, provided its terms are kept.
A statutory method
A CGA is one of the methods by which an enforcement agent may take control of goods.
Written and specific
The document identifies the parties, controlled goods and repayment terms.
Conditional continuity
The business can normally keep using the goods while complying with the agreement.
The legal position
What is a Controlled Goods Agreement?
It is a formal agreement under which goods are taken under control but remain in the debtor’s custody on stated conditions.
Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 provides several ways for an enforcement agent to take control of goods. One is to enter into a Controlled Goods Agreement with the debtor.
Under the agreement, the debtor is permitted to retain custody of the listed goods, acknowledges that they have been taken under control, and agrees not to remove or dispose of them—or allow anyone else to do so—before the debt is paid.
In a CRAR case, this can allow a tenant to continue trading while making payments under an agreed plan. It does not write off the debt, transfer ownership of the goods or guarantee that the arrangement will be accepted. See the main CRAR service for the wider enforcement process.
The practical sequence
How a CGA is put in place
The agreement follows an enforcement attendance and must accurately record the goods and repayment terms.
Goods are identified
Only goods that may lawfully be taken under control should be included. The description must allow the debtor to identify each item correctly.
Terms are recorded
The agreement records the parties, case reference, listed goods, contact details and the terms of the repayment arrangement.
The agreement is signed
It must be signed by the enforcement agent and by the debtor or another person permitted by the regulations. A copy must be provided.
Goods remain controlled
The listed goods normally remain at the premises. They must not be removed, sold or otherwise disposed of contrary to the agreement.
Payments are monitored
If the terms are maintained, removal may be avoided. If the agreement is breached, further enforcement action may follow.
Required information
What the agreement must contain
Regulation 15 of the Taking Control of Goods Regulations 2013 sets out the required form and contents.
Agreement details
- Debtor details: the debtor’s name and address.
- Case details: the reference number or numbers and the date of the agreement.
- Signatories: the names of the people entering into the agreement.
- Contact information: how and when the enforcement agent or office can be contacted.
Goods and payment terms
- Controlled goods: a sufficiently detailed list so the goods can be identified correctly.
- Identifying features: model, serial number, registration mark or other relevant characteristics where applicable.
- Repayment arrangement: the terms agreed for repayment of the outstanding sum.
- Signed copy: a copy must be given or provided in the manner required by the regulations.
What it means in practice
The position for landlords and tenants
A CGA can support an agreed route forward, but it creates real obligations and should not be described as merely administrative paperwork.
For landlords and creditors
A CGA records that specified goods have been taken under control and documents the repayment terms accepted on the case.
If the payment terms are breached, the enforcement agent may consider further action in accordance with Schedule 12 and the applicable notice requirements. The facts, continued validity of the enforcement power and status of the goods still matter.
For tenants and debtors
The listed goods will normally remain in place, helping the business continue to trade while the agreed payments are made.
The debtor must not remove, sell or dispose of controlled goods, or permit anyone else to do so, before the debt is paid. A CGA does not stop other creditors pursuing separate debts.
Statutory charges
Attendance and enforcement fees
A CGA is normally completed after a case has moved beyond the compliance stage and an enforcement agent has attended the premises.
The statutory fee stage is determined by the enforcement action taken. When an enforcement agent first attends the premises for the purpose of taking control of goods, the enforcement-stage fee will ordinarily become due under the applicable fee regulations.
Statutory enforcement fees are normally recoverable from the tenant in a qualifying CRAR case. The landlord may remain liable under the instruction terms if the case is withdrawn or the statutory fees cannot be recovered from the tenant.
If payments are missed
Default does not mean immediate automatic removal
A breach may allow enforcement to continue, but the correct statutory procedure and any required notice must still be followed.
If a debtor fails to comply with a payment provision in a Controlled Goods Agreement, an enforcement agent may be able to re-enter premises to inspect the goods or remove them for storage or sale.
That action is not entirely automatic. The enforcement power must remain exercisable, the relevant goods must remain controlled, and notice of the intended re-entry must be given where Schedule 12 requires it.
Frequently asked questions
Controlled Goods Agreement FAQs
If I agree a payment plan, why might an enforcement agent still attend?
A payment proposal by itself does not take control of goods. If the creditor accepts an arrangement that is to be supported by a CGA, an enforcement attendance is required so eligible goods can be identified and the written agreement completed correctly.
Does signing a CGA mean the goods will be removed?
Not ordinarily. The purpose of a CGA is to allow the debtor to retain custody of the controlled goods subject to the agreement. Removal may be considered later if the agreement is breached and the legal requirements for further action are met.
Can the tenant continue to use controlled goods?
Usually, yes. The business may normally continue using goods that remain at the premises, but must not remove, sell or dispose of them—or allow anyone else to do so—contrary to the agreement.
Does a CGA stop other creditors or enforcement action?
No. It does not prevent another creditor pursuing a separate debt. The legal priority and treatment of particular goods can depend on how and when enforcement powers arose, so a CGA should not be presented as a blanket protection against other enforcement.
Can someone sign the agreement for a company or tenant?
In defined circumstances, the regulations allow an authorised person or a person in apparent authority to sign. The enforcement agent should establish the person’s role and whether the regulatory conditions are met.
Will statutory fees increase when an agent attends?
When a case progresses from compliance to an enforcement attendance, the statutory enforcement-stage fee will ordinarily become due. This is linked to the enforcement stage reached, not simply to the fact that a payment proposal has been made.
General information only:
This page explains the usual position under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013. It is not legal advice. The instruction, goods, debtor status, documents and circumstances must be assessed in each case.
CW
Operational review
Reviewed by Craig Whinray
Craig Whinray is Director of UK Bailiff Services Ltd and a Certificated Enforcement Agent with more than 20 years' frontline enforcement experience.
This Controlled Goods Agreements guide is informed by the taking-control-of-goods framework and UK Bailiffs' operational CRAR experience. It does not replace legal advice where ownership, priority, insolvency, exemption or another material issue is disputed or uncertain.
Editorial owner: UK Bailiff Services Ltd · Last reviewed 3 October 2026 · Review following material legal or operational change and at least annually.Need help with a CRAR arrangement?
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