Changes to Enforcement Law Coming into Force on 1 May 2026

Significant changes to the regulations governing enforcement action in England and Wales will take effect on 1 May 2026.

These amendments - introduced by the Taking Control of Goods (Miscellaneous Amendments) Regulations 2026 - represent the most substantial update to enforcement procedures since the original 2013 and 2014 regulations came into force.

The updated rules affect how enforcement agents must notify debtors, how fees are structured, and what additional protections are available to individuals receiving support from recognised debt advice providers.

These changes will impact creditors, solicitors, local authorities, landlords, High Court enforcement, and any business or organisation instructing enforcement agents.

This article summarises the key updates and explains what you need to know.

1. Longer Minimum Notice Periods Before Enforcement Can Begin

One of the most significant changes is the extension of the required minimum notice period before enforcement agents may take control of goods.

What is changing?

• The current requirement of 7 clear days notice will increase to 14 clear days.
• If a debt advice provider formally requests extra time on behalf of the debtor, the notice period must be extended to 28 clear days.
• This extended 28 day period does not apply where the debt is a non-eligible business debt.

Definition: Non-Eligible Business Debt

Under Regulation 5(6)(d), a non-eligible business debt is defined as:

Debt incurred in connection with a business carried on by a debtor where, at the point of the moratorium application and for the purposes of that business, the debtor either:

1. is registered for VAT under the Value Added Tax Act 1994, or
2. is a partner in a partnership with another person,

and the debt solely relates to the business carried on by the debtor.

This means that established VAT registered businesses and formal partnerships will not benefit from the extended 28 day notice period.

Practical implications for creditors

• Recovery action will begin later, which may extend case times slightly.
• Cases involving individuals receiving support from authorised debt advisers may take longer before enforcement attendance is permitted.
• Business debts meeting the ‘non-eligible’ definition remain subject only to the 14 day notice period.

2. Updated Notice of Enforcement Requirements

The Notice of Enforcement - the essential document sent before any physical attendance - must now include:

• Confirmation of the availability of free debt advice.
• Contact details for debt advice providers.
• Information explaining that a debt advice provider may request a 28 day extension of the notice period.

The statutory form set out in the Certification of Enforcement Agents Regulations 2014 has been replaced to incorporate these updates.

Why this matters

This change enhances transparency, improving debtor engagement and increasing the likelihood of early resolution without the need for physical enforcement activity.

3. Changes to Enforcement Fees

The Taking Control of Goods (Fees) Regulations 2014 have been amended, bringing several important updates.

A. Increased Fee Thresholds

The threshold at which percentage fees apply has risen:

• Non-High Court enforcement: from £1,500 to £1,900
• High Court enforcement: from £1,000 to £1,200

This adjustment reduces the portion of the debt subject to percentage fees, lowering overall costs for some debtors.

B. Updated Fixed Fees

Key changes include:

• Compliance stage: £79 (from £75)
• Enforcement stage (non-High Court): now £247 (from £235)
• Sale/disposal stage: £116 (non‑High Court) and £550 (High Court)
• First enforcement stage (High Court): £200
• Second enforcement stage (High Court): £520

C. Prevention of Unnecessary Escalation

To ensure fairness and proportionality:

• If no contact is made on the first visit, the agent must offer another opportunity to pay or agree terms before proceeding to second stage enforcement.
• Escalation is allowed only after a subsequent unsuccessful attempt or where contact is made but no payment or arrangement is reached.
• Only first enforcement stage fees are recoverable where payment is made in full or a repayment/controlled goods agreement is entered into and complied with.

What this means for creditors

• Agents must follow a more structured escalation path.
• This can increase opportunities for early settlement.
• In some cases, fee recovery may be limited to the first stage if agreements are reached quickly.

4. High Court Enforcement: Clarifications and Alignments

The reforms also tidy up wording around High Court enforcement to ensure:

• Repayment arrangements are recognised in the same way as controlled goods agreements.
• Fee recovery reflects whether payment is made in full, via arrangement, or following breach.
• The stages of enforcement are clearer and more consistent.

For users of High Court Enforcement Officers (HCEOs), these amendments enhance clarity without significantly altering the practical process.

5. Saving Provision

Any enforcement action that has already commenced before 1 May 2026 will continue under the pre-existing rules.

The new regulations apply only to new cases or those where enforcement has not yet begun.

Conclusion

What You Should Do Now

The changes effective from 1 May 2026 aim to strengthen debtor protections, improve transparency, and ensure fairer enforcement processes. To prepare, creditors should:

• Update internal workflows to reflect the new minimum notice periods.
• Begin using the amended Notice of Enforcement form.
• Review the adjusted fee structures and thresholds.
• Inform collections teams, solicitors, and enforcement partners of the new requirements.
• Communicate these changes pro-actively to clients and stake-holders.

Enforcing CCJs

When you are owed money and have obtained a county court judgment the quickest, most effective and most successful way to enforce it is to transfer the judgment up to the High Court to be enforced by a High Court Enforcement Officer.

I have a question

Telephone or email Derby Legal Services for advice.