Can enforcement agents force entry, and when

Short answer

For an ordinary civil debt enforced at a home, no. Paragraph 14 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 lets an enforcement agent enter relevant premises, those the agent reasonably believes are where the debtor usually lives or carries on a trade or business, to search for and take control of goods, but paragraph 17 allows reasonable force to enter only where paragraph 18, 18A, 19 or 19A applies, and the power never includes force against a person. Those paragraphs cover warrants for criminal fines executed by authorised officers, entry to premises where the debtor carries on a trade or business under a High Court or County Court judgment, re-entry to inspect or remove goods already taken control of on similar conditions, and re-entry after a controlled goods agreement has been broken, with notice first. Outside those cases the agent needs a warrant from the court under paragraph 20, and the court may include force only if prescribed conditions are met.

The law

Entry without a warrant. Paragraph 14(1) of Schedule 12 provides that an enforcement agent may enter relevant premises to search for and take control of goods, and paragraph 14 defines relevant premises as those the agent reasonably believes are where the debtor usually lives or carries on a trade or business. Repeated entry is permitted subject to regulations. Paragraph 16 lets the agent re-enter premises, after taking control of goods and leaving them there, to inspect the goods or to remove them for storage or sale.

Entry under a warrant. Paragraph 15 lets the court issue a warrant authorising entry to specified premises where satisfied that an enforcement power is exercisable, that there are goods on the premises, and that it is reasonable in all the circumstances to issue it. Paragraph 20 provides for an application for a warrant authorising the use of reasonable force, and paragraph 22 provides that the court may include force in a warrant only if prescribed conditions are met; the warrant may require a constable to assist.

Force. Paragraph 17 provides that an agent may use reasonable force to enter premises only if paragraph 18, 18A, 19 or 19A applies, and that the power does not include force against persons. Paragraph 18 covers warrants of control for magistrates' court conviction debts executed by authorised civilian officers. Paragraph 18A covers entry under paragraph 14 where the agent reasonably believes the debtor carries on a trade or business at the premises and the enforcement power arises from a High Court or County Court judgment, not a traffic contravention debt. Paragraph 19 covers re-entry under paragraph 16 on similar trade-or-business and judgment conditions, or under section 127 of the Finance Act 2008. Paragraph 19A covers re-entry with force where goods under a controlled goods agreement the debtor has breached are concerned, and requires the prescribed notice first.

Hours. Schedule 12 allows entry only within prescribed times of day. Regulation 22(2) of the Taking Control of Goods Regulations 2013 provides that the agent may only enter, re-enter or remain on the premises after 6 a.m. and before 9 p.m. on any day; regulation 22(3) allows trade or business premises to be entered during any hours they are open for that trade or business; regulation 22(4) lets an agent who entered in permitted hours remain outside them where reasonably necessary to continue, for a reasonable duration; and regulation 22(5) lets the court authorise other times, only on the agent's application.

Repeated entry. Regulation 24 applies where, having entered under paragraph 14 or 15, the agent has determined that there are no goods, or insufficient goods, on the premises to pay the sum outstanding. A second or subsequent entry is then permitted only if the agent has reason to believe that further goods of the debtor, not yet taken control of, have been brought onto the premises since the last entry, or where the agent was prohibited at the original entry from taking control of particular goods under regulation 10(2), which concerns goods in use where a breach of the peace is likely. Regulation 24(3) provides that the regulation 10(2) route does not authorise entry for any other goods unless the new-goods limb also applies.

What happens next

1. At a home. The agent may knock and ask to be let in, and may enter through an unlocked door, but may not force a locked door, climb in through a window or push past anyone. A debtor is entitled to keep the door closed and speak through it or by telephone.
2. At trade or business premises. Reasonable force to enter is available under paragraph 18A for a judgment debt, within the hours the premises are open for business.
3. After a controlled goods agreement is broken. The agent may re-enter with reasonable force under paragraph 19A, but only after giving the notice the regulations prescribe. What a controlled goods agreement is explains the agreement and its consequences.
4. With a warrant. Where the court has authorised force under paragraph 20, the warrant says so and may require a constable to attend.
5. If the rules are broken. Note the time, the words used and any damage, complain to the firm, and then to the Enforcement Conduct Board. The debtor rights page and the notice of enforcement cover the steps before any visit.

Where to get help

Free, independent advice on what to do when an agent calls is available from National Debtline on 0808 808 4000 and from Citizens Advice. Complaints about an agent's conduct go to the enforcement firm first and then to the Enforcement Conduct Board; where an agent has used force against a person or caused damage, the police and a solicitor are the right calls.