Taking control of goods, formerly called Walking Possession, refers to the legal practice in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
under which a
bailiff
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
takes possession of the goods of a defaulting
debtor
A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this ...
, but does not remove the goods.
After a bailiff has gained
peaceful entry
Peaceful indicates a state of, or inclination for, peace.
Peaceful may also refer to:
* ''Peaceful'' (film), a 2021 French drama
* Peaceful (horse)
Peaceful (foaled 22 January 2017) is an Irish Thoroughbred racehorse. She showed some promise ...
to the premises of a debtor, the bailiff may seize any of the debtor's goods that are found on the premises (except for certain categories of goods, such as
tools of the debtor's trade). After gaining entry once, the bailiff may re-enter the premises at any time, and remove the goods at any time. The bailiff may choose not to remove the goods immediately, giving the debtor an opportunity to pay the debt (plus the bailiff's costs). In the meantime, the bailiff takes control of the goods. The bailiff may ask the debtor to sign a Controlled Goods Agreement, listing the goods that have been seized and acknowledging that the debtor no longer has
legal title
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
to the goods.
Further reading
''The Taking Control of Goods Regulations 2013.''The law detailing the subject
References
Judicial remedies
Property law of the United Kingdom
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