Administration
Insolvency process placing a company under an administrator with a statutory moratorium. Enforcement and forfeiture may be restricted without consent or court leave.
Enforcement terminology explained
Bailiff and Enforcement Glossary
Plain-English explanations of bailiff, enforcement, commercial rent recovery, forfeiture, eviction and trespass terminology used across UK Bailiffs and the wider enforcement process in England and Wales.
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Bailiff and enforcement terms A–Z
Each definition is deliberately concise. Where a subject needs more explanation, the definition links to the relevant UK Bailiffs guidance page.
Bailiff (Enforcement Agent)
Modern term is enforcement agent under the 2014 regulations; often still called bailiff. See explanation.
Breathing Space
Debt respite scheme that pauses enforcement and interest for eligible debtors for a limited period.
Byelaw
Local rule made by a council or authority (e.g., for parks or markets). Breach can lead to enforcement or prosecution.
CJPOA 1994 (ss.61, 62A, 77–78)
Criminal Justice and Public Order Act 1994 powers used for unauthorised encampments. Police may use ss.61/62A; councils may direct and apply under ss.77–78. See encampment guide.
Compliance stage
First stage of Taking Control of Goods enforcement after a Notice of Enforcement; fixed compliance fee applies.
Control of Horses Act 2015
Allows swift removal or disposal of fly-grazed horses from land by local authorities and landowners following set procedures. See illegal horses guidance.
Controlled Goods Agreement (CGA)
Agreement listing goods under control of the enforcement agent while payments are made; breach allows removal of goods.
CPR 55
Civil Procedure Rules Part 55 – claims for possession of land. Used for court‑ordered evictions.
CRAR (Commercial Rent Arrears Recovery)
Statutory process allowing a commercial landlord to recover net rent by taking control of tenant’s goods, without a court order. Replaced distress for rent. See CRAR overview and legal guide.
Criminal Law Act 1977 – s.6
Makes it an offence to use violence to secure entry when someone present opposes entry. Relevant to residential premises and how entry is obtained.
CVA (Company Voluntary Arrangement)
Formal insolvency process where a company agrees a repayment plan with creditors. May restrict enforcement and require authority before action.
Dissolution (company)
Removal of a company from the register. Post-dissolution assets may vest in the Crown (bona vacantia); enforcement may be affected.
Effective date (s.81)
The date 14 clear days after service of a Section 81 notice on a sub‑tenant, when sub‑rent must be paid to the superior landlord.
Enforcement stage
Stage after compliance when an agent attends to take control of goods; further fixed fee applies.
Equality Act 2010 / PSED
Public Sector Equality Duty: we consider vulnerabilities and reasonable adjustments when planning and attending.
Excluded occupier
Licensee with limited protection from eviction (e.g., temporary accommodation). See temporary-housing guidance.
Forfeiture (peaceable re‑entry)
Landlord’s right to end a commercial lease for breach (e.g., rent arrears) by re‑entry without court order where lawful. See forfeiture.
Goods – removal and sale (sale stage)
Final stage of enforcement where controlled goods are removed and sold to clear debt and fees.
Halsbury’s Laws of England
Authoritative legal encyclopedia frequently cited for principles of English law, including landlord and tenant and enforcement topics.
Head lease / superior landlord
The superior tenancy and landlord above a sub‑tenancy. The superior landlord may serve a s.81 notice for sub‑rent.
Immediate landlord (tenant)
The tenant directly above a sub‑tenant. They normally receive sub‑rent unless a valid s.81 notice redirects it.
Injunction
Court order requiring someone to do or stop doing something (e.g., anti‑social behaviour, access for works).
Instruction reference
Our internal reference for your job (e.g., writ/warrant/CRAR file). Quote this when calling our office.
Judgment‑proof debtor
Someone with little income or assets so that enforcement is unlikely to recover the debt. See article.
Lease
Contract granting exclusive possession for a term in return for rent. Enables remedies such as CRAR and forfeiture, subject to conditions.
Licence to occupy
Permission to use premises without exclusive possession. Usually outside CRAR and forfeiture; different eviction rules apply.
Licensee
Person with permission to occupy but without a lease; usually has fewer protections (see excluded occupier).
Locksmith attendance
Planned attendance to change locks and secure a unit (e.g., after forfeiture) with a photo log of works.
Mesne profits
Sum claimed for use and occupation after a lease ends (e.g., following forfeiture).
Net rent
The figure used to determine whether CRAR’s minimum threshold is met. It excludes VAT, interest and permitted deductions. Once CRAR is exercisable, the recoverable sum may include applicable VAT and contractual interest, but not service charges, insurance, rates or other non-rent charges.
Notice after entry
Notice and inventory left after gaining entry and taking control of goods, explaining what was done and rights of the debtor. Required by Taking Control of Goods Regulations.
Notice of Enforcement
Statutory notice that must normally give the debtor at least 14 clear days before an enforcement agent takes control of goods. For eligible non-business debt, a debt advice provider can request an extension to at least 28 clear days. Sundays, bank holidays, Good Friday and Christmas Day do not count when calculating the period.
Protection from Eviction Act 1977
Creates offences for unlawful eviction and harassment. Sets notice and court order requirements for residential occupiers (varies by status). See eviction from temporary housing guidance.
PSED
Public Sector Equality Duty (Equality Act 2010) – duty to have due regard to protected characteristics when acting.
PSPO
Public Spaces Protection Order used by councils to control anti‑social behaviour in a locality.
Rent deposit deed
Security held by a landlord that may be used toward arrears subject to the deed’s terms and conditions.
Section 146 notice (Law of Property Act 1925)
Landlord’s notice served before certain forfeitures for breach other than rent, setting out the breach and requiring remedy. See forfeiture for illegal traders.
Street hawkers / pedlars
Persons selling goods on streets or private land. Where they occupy land without consent, we act under common law trespass to move them on. See street hawker and pedlar guidance.
TCEA 2007
Tribunals, Courts and Enforcement Act 2007 – the framework for Taking Control of Goods (Schedule 12) and certification of enforcement agents.
Torts (Interference with Goods) Act 1977
Law used when dealing with uncollected goods; may apply to property left after eviction or forfeiture. See forfeiture.
Trespass to land
Being on land without consent. Landowners may use common law trespass remedies or seek possession through the courts.
Tribunals, Courts and Enforcement Act 2007
Primary legislation governing modern enforcement agent powers and procedures, including Schedule 12 and related regulations.
Warrant (county court)
County Court authority executed by County Court bailiffs (e.g., warrant of control or possession). Different to a High Court writ.
Writ (High Court)
High Court authority (e.g., writ of control , writ of possession ) enforced by HCEOs.
How to use this glossary
Enforcement terminology can change meaning depending on the legal power, type of debt and occupancy status. Use these definitions as a starting point, then follow the linked guidance where the distinction matters.
Commercial rent and leases
Terms such as CRAR, net rent, forfeiture, Section 146, lease and licence describe different remedies and legal relationships. They should not be treated as interchangeable.
Taking control of goods
Notice, compliance, enforcement, controlled goods and sale are distinct stages within the statutory Taking Control of Goods framework.
Possession and trespass
Private-land trespass, excluded occupiers, court possession and unauthorised encampments can involve different procedures, notices and powers.
Need help with an enforcement issue?
If you are a landlord, property manager, business, local authority or other instructing client and are unsure which enforcement route applies, send us the facts and we can identify the appropriate UK Bailiffs service.
